Mons Pura
Program Terms
Mons Pura Brand Ambassador Agreement:
Mountain Pure, LLC, dba Mons Pura (“Mons Pura”) is engaged in the business of growing, formulating, manufacturing, marketing and selling nutritional products, supplements and branded apparel and accessories (collectively, “Products”). Mons Pura desires to retain you as a Mons Pura™ Brand Ambassador, subject to the terms and conditions set forth below.
From time-to-time Mons Pura may but is not required to update or modify the Terms and Conditions set forth herein. You agree to at all times during this Agreement, to be bound by the current Terms and Conditions of the Mons Pura Ambassador Agreement as a Mons Pura Ambassador.
Assuming that Mons Pura accepts your application to become a Mons Pura™ Brand Ambassador, this Agreement between Mons Pura and you (this “Agreement”) contains the complete terms and conditions that apply to (1) your participation as a Mons Pura™ Brand Ambassador, and (2) the establishment of links from your Brand Ambassador website to Mons Pura’s website, monspura.com .
• Definitions
Customer: The user sent to Mons Pura’s website via your Brand Ambassador link. You: The Mons Pura™ Brand Ambassador candidate who will be advertising links/promotions of Mons Pura™ Products from his or her Brand Ambassador website to Mons Pura’s website.
• Enrollment in the Mons Pura Brand Ambassador Program
You must first submit a complete Mons Pura™ Brand Ambassador Program application. Mons Pura will evaluate your application and will notify you of your acceptance or rejection in five (5) to seven (7) business days. You agree that Mons Pura may reject your application if it determines (at its sole discretion) that your site is unsuitable for the Mons Pura™ Brand Ambassador Program for any reason. If Mons Pura rejects your application, you are welcome to reapply to the Mons Pura™ Brand Ambassador Program at any time.
• Term and Termination
If Mons Pura accepts your application, the term of this Agreement shall commence immediately upon Mons Pura’s acceptance of your application and shall continue until the Agreement has been terminated by either party. Either party may terminate this Agreement without cause. You agree to provide thirty (30) days' advance written notice to Mons Pura of your termination of this Agreement. Mons Pura may terminate this Agreement immediately without advance notice. Upon termination by Mons Pura, Mons Pura may (i) immediately suspend, limit or terminate your access to any Mons Pura account, and (ii) instruct you to cease all promotional activities or make clarifying statements, upon which instruction you agree to immediately comply.
• Material Disclosures and Compliance with Federal Trade Commission (“FTC”) Guidelines
The FTC has clearly defined best practices for affiliate marketers, and you must comply with these practices while performing your duties as a Brand Ambassador.
Download and review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, and the FTC’s Disclosures 101 for Social Media Influencers: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf?
When publishing posts/statuses about Mons Pura or Mons Pura’s Products or services on your website, social media, video format or any other medium, you must clearly disclose that you are a Mons Pura™ Brand Ambassador and your “material connection” to Mons Pura, including that you were given any consideration, were provided with certain experiences or are being paid for a particular service. The above disclosure should be clear and prominent and made near any statements that you make about Mons Pura or Mons Pura’s products. This disclosure is required regardless of any space limitations of the medium (e.g., Twitter), where the disclosure can be made via Hashtags, e.g., #sponsored.
Your statements should always reflect your honest and truthful opinions and actual experiences. You should only make factual statements about Mons Pura or Mons Pura’s Products that you know for certain are true and can be verified. You must not misrepresent yourself as a "typical result" or as a "typical customer" when you promote Mons Pura™ Products. You must be transparent and authentic.
You agree to avoid sites or use verbiage making medical claims regarding Mons Pura’s Products or services (i.e., "the curing or recession of a disease or ailment").
• Exclusive Promotion
Your promotion of Mons Pura is exclusive to Mons Pura during the term of this Agreement, for all similar products and items that Mons Pura sells, and you will not work for or promote the nutritional, dietary and protein supplements of a competitor or other company, including but not limited to, CBD products, protein powders, pre-workout, energy drinks, hydration drinks, and nutrition supplements.
You may compare Mons Pura’s Products to those of a competitor but may not promote a competitor’s products in any way in your posts.
• Conduct
All blog posts, social media statuses, tweets and/or comments should be in good taste and free of profane or inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, national origin, disability, sexual orientation, physical disability or age. To that end, you agree to avoid sites that promote in any way (i) sexually explicit material or violence; (ii) discrimination based on race, gender, religion, national origin, sexual orientation, physical disability or age: (iii) illegal activities; and (iv) hate speech or hate of any kind.
You agree to act professionally and positively when promoting Mons Pura’s products, to maintain the highest ethical standards and to avoid even the appearance of impropriety.
• Spam
You agree that you will not utilize spam, or send junk or unqualified traffic, in promoting Mons Pura and Mons Pura™ Products. This includes twitter spam and social media spam. Doing so will result in the immediate termination of your account with a cancellation of any pending commissions. You will also be held in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by Mons Pura. Any service interruptions to Mons Pura's website as a result of spamming will be billed to you at $523 per hour until service is restored.
For purposes of this Agreement, spam is defined as emailing anyone regarding Mons Pura, in bulk or by single mailing, who has not specifically requested the information directly from you. Any type of advertisement about Mons Pura posted to a newsgroup or chat room not sponsored by the Mons Pura™ Brand Ambassador program is considered spam.
An exception to this definition is mailing to appropriate opt-in mailing lists when the source does the mailing on your behalf. However, you must use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against Mons Pura or the Mons Pura™ Brand Ambassador Program, resulting in your suspension or termination.
You may include information about Mons Pura in email acknowledgement messages for orders and inquiries that you receive so long as it is stated up front that you will be sending them an acknowledgement.
• Coupon Code and Sites
You must not post personal coupon codes on any coupon code sites or forums or on any Mons Pura social media advertisements, promotions or any other Mons Pura™ Brand Ambassador pages, posts or groups. To do so is in violation of this Agreement, which will disqualify you from receiving your commissions and may result in your suspension or termination from the Mons Pura™ Brand Ambassador Program. Mons Pura reserves the right to disable any code that is found or promoted on any coupon code site, including Reddit or any other social media forum dedicated to coupon codes and discounts.
• Compensation
You will earn a commission of 20% on any completed orders for products made by Customers using the tools provided to you by Mons Pura to make those orders, such as promo codes, store links and sampler links.
All payments of commission for selling Mons Pura products, will be made through your Share a Sale account.
If your only purpose in joining the Mons Pura™ Brand Ambassador Program is to obtain the benefits without following the guidelines, you will be dismissed from the program, and further actions may be taken. Mons Pura tracks and reconciles every sale. Mons Pura also tracks and records every individual who receives any of the incentives provided by Mons Pura.
• Promotion of the Mons Pura™ Brand Ambassador Relationship
It is important to us at Mons Pura that you have fun and are happy as a Mons Pura Brand Ambassador, but you must always act in good taste and be respectful to others at all times that you are acting as a Mons Pura Brand Ambassador. We believe in living well, living healthy, living happy, and being respectful to others. As a Mons Pura™ Brand Ambassador, Mons Pura will make available to you resources (each of these resources sometimes being referred to herein as "Resources" or, individually, as a "Resource") and banners, which, subject to the terms of this Agreement, you may display as often and in as many areas on your site as you desire and with Mons Pura’s consent. The Resources will serve to identify your site as a member of the Mons Pura™ Brand Ambassador program and will establish a Resource from your site to the Mons Pura site.
Subject to the terms of the clause below, Mons Pura will provide you with graphic images or text provided by us (and subject to change from time to time at Mons Pura’s sole discretion). These Resources will connect your site directly to Mons Pura’s site. By utilizing these Resources, users of your site will be able to order directly from Mons Pura any Products that were described or referenced on your site.
You agree that Mons Pura may update, edit, modify and add its logo to any photos that you send to Mons Pura. It is your responsibility to obtain approval from the photographer before you send the photos to Mons Pura.
In utilizing the Resources, you agree that you will display on your site only those graphic images (indicating a Resource) that are provided by us, or that you create in good taste as determined by Mons Pura. All Resources may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of Mons Pura and you. You agree that each Resource connecting users of your site to the pertinent area of the Mons Pura site will in no way alter the look, feel or functionality of Mons Pura’s site.
• Market Confusion
You agree to refrain from using Mons Pura in your Instagram username. Written approval from Mons Pura’s Chief Executive Officer is required to do so.
• Mons Pura's Responsibilities
Mons Pura is responsible for providing all information necessary to allow you to make appropriate links from your site to the Mons Pura™ site. Mons Pura is solely responsible for processing every order placed by a customer following a special link from your site, for tracking the volume and number of sales generated by your site and for providing you information regarding sales statistics. Mons Pura is responsible for order entry, payment processing, shipping, cancellations, returns and related customer service.
• Your Legal Responsibilities
You agree to comply with the FTC guidelines and marketing regulations referenced above and with Mons Pura’s Brand Ambassador Social Media Policy. You are solely responsible for ensuring that reviews, descriptions and articles on your site comply with applicable FTC disclosure, copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. You agree that Mons Pura is not responsible for any such violations on your part as contemplated herein. For additional information regarding your responsibility to ensure proper FTC disclosures and to comply with all FTC guidelines, please visit the FTC website. You must never, ever, make claims that Mons Pura products cure or diagnose any diseases.
• Compliance with this Agreement
Mons Pura has the right in its sole discretion to monitor your site at any time to determine if you are following the terms of this Agreement.
Mons Pura will monitor for FTC compliance to ensure that your disclosures are adequately added and that you are complying with FTC guidelines. You are expected to comply with all FTC guidelines.
• Contest and Promotions
You are entitled to participate in and promote on your site any sweepstakes, contests and special promotions that Mons Pura may offer. You may earn commissions that are derived only from offers and promotional tools provided explicitly by Mons Pura for use on your site.
The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this Agreement and your removal as a Brand Ambassador.
• Giveaways
Mons Pura is not responsible for the cost, shipping or promotion of your personal giveaways. You are responsible for the purchase, shipping and advertising of items for your personal giveaways.
• SMS Consent
You agree to receive text messages from Mons Pura at the number that you provide to Mons Pura when you apply to become a Mons Pura™ Brand Ambassador. Message and data rates may apply. Message frequency varies. You can unsubscribe afterwards at any time by replying STOP to cancel. View the Mons Pura Privacy Policy.
• Report of Sales
You will be given a username and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis. (is this done by Share a Sale or Mons Pura?)
• Policies and Pricing
Customers who buy Mons Pura's Products through the Mons Pura™ Brand Ambassador Program codes will be deemed to be customers of Mons Pura. Accordingly, all of Mons Pura’s rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. Mons Pura may change its policies and operating procedures at any time. For example, Mons Pura will determine the prices to be charged for its Products sold under the Mons Pura™ Brand Ambassador Program in accordance with its own pricing policies. Mons Pura’s prices and Product availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you should update pricing often or not include price information in your Product descriptions.
• Publicity
You will not make any personal appearances or create, publish, distribute, or permit any written material that refers to Mons Pura without first submitting such material to Mons Pura and obtaining Mons Pura’s written consent.
• Licenses and Use of Mons Pura’s Logos and Trademarks
MONS PURA GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS ITS SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE ITS LOGOS, TRADE NAMES, TRADEMARKS AND SIMILAR IDENTIFYING MATERIAL RELATING TO MONS PURA (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR BUCKED UP. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE MONS PURA™BRAND AMBASSADOR PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling Products on your site for Mons Pura, without first submitting a sample of such to Mons Pura and obtaining the prior written consent of the Mons Pura™ Brand Ambassador Program manager. Mons Pura reserves all of its rights in the Licensed Materials and of its other proprietary rights. Mons Pura may revoke your license at any time by giving you written notice of the revocation.
• Promotion of Products on Prohibited Sites
Promotion or sale of Mons Pura™ Products through Google Shopping, Amazon, eBay, or other product listing ads or sites (either owned or not owned by you) is prohibited unless express written permission is provided by Mons Pura.
• Confidentiality and Non-Disclosure
Mons Pura may disclose certain of its confidential and proprietary information (the "Confidential Information") to you. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials and other information disclosed or submitted, orally, in writing or by any other media, to you by Mons Pura. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by Mons Pura at the time of disclosure. Nothing herein shall require Mons Pura to disclose any Confidential Information to you.
You agree that any Confidential Information disclosed to you by Mons Pura will not be shared with others in person, by email, through social media and in any other manner or through any other medium. You agree that Information provided to you by Mons Pura will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Mons Pura™ Brand Ambassador training material, e-mail correspondence and written correspondence.
You agree that the Confidential Information is confidential and proprietary to Mons Pura, and that you shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of the business of Mons Pura and shall disclose it only to its officers, directors, or another Mons Pura Brand Ambassador with a specific need to know and only disclosed as instructed by Mons Pura. You will not disclose, publish or otherwise reveal any of the Confidential Information received from Mons Pura to any other party whatsoever except with the specific prior written authorization of Mons Pura. You shall not duplicate Confidential Information furnished in tangible and intangible form except for purposes of this Agreement. Upon the request of Mons Pura, you shall return all Confidential Information received in written or tangible form, including any information copies, or reproductions, taken from , monspura.com or monspurahealth.com, with fifteen (15) days of such request. If you disclose, publish, or otherwise reveal any information, media or idea from Mons Pura or monspura.com or monspurahealth.com, you agree to pay $5,000 to Mons Pura as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At your option, you may destroy any documents or other media developed by you containing Confidential Information. You shall provide a written certificate to Mons Pura regarding such destruction within ten (10) days thereafter.
You may not at any time disclose any sales, financial figures, costs or profit with anyone within Mons Pura or outside of it without the written consent of Mons Pura. This includes but is not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs and sales contests or events. Disclosing such information to another Mons Pura™ Brand Ambassador or an external party will be considered a material breach of this Agreement and subject you to damages, injunctive relief and reimbursement of Mons Pura's attorneys' fees and costs.
The obligations of confidentiality herein shall be effective immediately from the date that this Agreement and will continue indefinitely. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against you, nor by the rejection of any agreement between Mons Pura and you, by your trustee in bankruptcy or by you as a debtor in possession or the equivalent of any of the foregoing under local or federal law.
• Non-disparagement
You will not, during the term of this Agreement or at any time thereafter, make disparaging statements, in any form, either orally or in writing, about Mons Pura’s officers, directors, agents, representatives, employees, affiliates, other Mons Pura Brand Ambassadors, partners, brand and products.
• Independent Contractor
You are retained as an independent contractor of Mons Pura. You acknowledge and agree that (i) you are solely responsible for the manner and form by which you perform under this Agreement, and (ii) you are a self-employed individual. You are responsible for the withholding and payment of all taxes and other assessments arising out of your performance of services, and you are not entitled to participate in any employee benefit plans of Mons Pura.
• Non-Complete
Mons Pura is happy that you have joined us as an Ambassador. During the term of this Agreement you agree not to compete directly with Mons Pura by owning, managing, operating, or consulting with a business that is substantially the same as Mons Pura. You are free, however, to act as an Affiliate or Brand Ambassador for companies which are not in the same business as Mons Pura and do not sell similar products as Mons Pura. If wish to join with or promote a company, other than Mons Pura, and want to receive our opinion of whether the company closely competes with Mons Pura, please feel free to reach out to us at Support@Monspura.com. While Mons Pura is under no obligation to grant requests to compete, we will review and consider each request.
• Non-Solicitation of Customers
You agree not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of Mons Pura, any customers of Mons Pura with which you have had any contact, during the term of this Agreement, and for a period of two (6) months following termination of this Agreement, notwithstanding the cause or reason for the termination of this Agreement.
You agree that at no time after the termination of this Agreement that you will solicit any of Mons Pura’s Products or services or promote Mons Pura’s codes to any of Mons Pura’s customers.
• Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Utah; in the event of any conflict, the laws of Utah will govern. You consent to the jurisdiction of the District Courts for Utah County Utah and the U.S. District Court for the District of Utah for any dispute arising out of this Agreement. You agree that in the event of any breach or threatened breach by you, Mons Pura may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Mons Pura against any such breach or threatened breach and reimbursement of Mons Pura's attorneys' fees and costs.
• Entire Agreement
You represent and agree that no promise, inducement, or agreement other than as expressed herein has been made to you and that this Agreement is fully integrated, supersedes all prior agreements and understandings and any other agreement between Mons Pura and you, and contains the entire agreement between Mons Pura and you.
• Modification
No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any party to this Agreement, occurring subsequent to the date hereof may be deemed an amendment or modification of this Agreement unless reduced to writing and signed by the parties hereto or their respective successors or assigns.
This Agreement is binding upon and will inure to the benefit of the parties, their successors, subsidiaries, affiliates and personal representatives.
I acknowledge that I have read and fully agree to the terms of this Agreement.
Mountain Pure, LLC, dba Mons Pura (“Mons Pura”) is engaged in the business of growing, formulating, manufacturing, marketing and selling nutritional products, supplements and branded apparel and accessories (collectively, “Products”). Mons Pura desires to retain you as a Mons Pura™ Brand Ambassador, subject to the terms and conditions set forth below.
From time-to-time Mons Pura may but is not required to update or modify the Terms and Conditions set forth herein. You agree to at all times during this Agreement, to be bound by the current Terms and Conditions of the Mons Pura Ambassador Agreement as a Mons Pura Ambassador.
Assuming that Mons Pura accepts your application to become a Mons Pura™ Brand Ambassador, this Agreement between Mons Pura and you (this “Agreement”) contains the complete terms and conditions that apply to (1) your participation as a Mons Pura™ Brand Ambassador, and (2) the establishment of links from your Brand Ambassador website to Mons Pura’s website, monspura.com .
• Definitions
Customer: The user sent to Mons Pura’s website via your Brand Ambassador link. You: The Mons Pura™ Brand Ambassador candidate who will be advertising links/promotions of Mons Pura™ Products from his or her Brand Ambassador website to Mons Pura’s website.
• Enrollment in the Mons Pura Brand Ambassador Program
You must first submit a complete Mons Pura™ Brand Ambassador Program application. Mons Pura will evaluate your application and will notify you of your acceptance or rejection in five (5) to seven (7) business days. You agree that Mons Pura may reject your application if it determines (at its sole discretion) that your site is unsuitable for the Mons Pura™ Brand Ambassador Program for any reason. If Mons Pura rejects your application, you are welcome to reapply to the Mons Pura™ Brand Ambassador Program at any time.
• Term and Termination
If Mons Pura accepts your application, the term of this Agreement shall commence immediately upon Mons Pura’s acceptance of your application and shall continue until the Agreement has been terminated by either party. Either party may terminate this Agreement without cause. You agree to provide thirty (30) days' advance written notice to Mons Pura of your termination of this Agreement. Mons Pura may terminate this Agreement immediately without advance notice. Upon termination by Mons Pura, Mons Pura may (i) immediately suspend, limit or terminate your access to any Mons Pura account, and (ii) instruct you to cease all promotional activities or make clarifying statements, upon which instruction you agree to immediately comply.
• Material Disclosures and Compliance with Federal Trade Commission (“FTC”) Guidelines
The FTC has clearly defined best practices for affiliate marketers, and you must comply with these practices while performing your duties as a Brand Ambassador.
Download and review the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising: http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, and the FTC’s Disclosures 101 for Social Media Influencers: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf?
When publishing posts/statuses about Mons Pura or Mons Pura’s Products or services on your website, social media, video format or any other medium, you must clearly disclose that you are a Mons Pura™ Brand Ambassador and your “material connection” to Mons Pura, including that you were given any consideration, were provided with certain experiences or are being paid for a particular service. The above disclosure should be clear and prominent and made near any statements that you make about Mons Pura or Mons Pura’s products. This disclosure is required regardless of any space limitations of the medium (e.g., Twitter), where the disclosure can be made via Hashtags, e.g., #sponsored.
Your statements should always reflect your honest and truthful opinions and actual experiences. You should only make factual statements about Mons Pura or Mons Pura’s Products that you know for certain are true and can be verified. You must not misrepresent yourself as a "typical result" or as a "typical customer" when you promote Mons Pura™ Products. You must be transparent and authentic.
You agree to avoid sites or use verbiage making medical claims regarding Mons Pura’s Products or services (i.e., "the curing or recession of a disease or ailment").
• Exclusive Promotion
Your promotion of Mons Pura is exclusive to Mons Pura during the term of this Agreement, for all similar products and items that Mons Pura sells, and you will not work for or promote the nutritional, dietary and protein supplements of a competitor or other company, including but not limited to, CBD products, protein powders, pre-workout, energy drinks, hydration drinks, and nutrition supplements.
You may compare Mons Pura’s Products to those of a competitor but may not promote a competitor’s products in any way in your posts.
• Conduct
All blog posts, social media statuses, tweets and/or comments should be in good taste and free of profane or inappropriate language and/or any content promoting bigotry, racism or discrimination based on race, gender, religion, national origin, disability, sexual orientation, physical disability or age. To that end, you agree to avoid sites that promote in any way (i) sexually explicit material or violence; (ii) discrimination based on race, gender, religion, national origin, sexual orientation, physical disability or age: (iii) illegal activities; and (iv) hate speech or hate of any kind.
You agree to act professionally and positively when promoting Mons Pura’s products, to maintain the highest ethical standards and to avoid even the appearance of impropriety.
• Spam
You agree that you will not utilize spam, or send junk or unqualified traffic, in promoting Mons Pura and Mons Pura™ Products. This includes twitter spam and social media spam. Doing so will result in the immediate termination of your account with a cancellation of any pending commissions. You will also be held in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by Mons Pura. Any service interruptions to Mons Pura's website as a result of spamming will be billed to you at $523 per hour until service is restored.
For purposes of this Agreement, spam is defined as emailing anyone regarding Mons Pura, in bulk or by single mailing, who has not specifically requested the information directly from you. Any type of advertisement about Mons Pura posted to a newsgroup or chat room not sponsored by the Mons Pura™ Brand Ambassador program is considered spam.
An exception to this definition is mailing to appropriate opt-in mailing lists when the source does the mailing on your behalf. However, you must use extreme caution when choosing an opt-in mailing list company. Using anything but the most reputable sources could generate spam complaints against Mons Pura or the Mons Pura™ Brand Ambassador Program, resulting in your suspension or termination.
You may include information about Mons Pura in email acknowledgement messages for orders and inquiries that you receive so long as it is stated up front that you will be sending them an acknowledgement.
• Coupon Code and Sites
You must not post personal coupon codes on any coupon code sites or forums or on any Mons Pura social media advertisements, promotions or any other Mons Pura™ Brand Ambassador pages, posts or groups. To do so is in violation of this Agreement, which will disqualify you from receiving your commissions and may result in your suspension or termination from the Mons Pura™ Brand Ambassador Program. Mons Pura reserves the right to disable any code that is found or promoted on any coupon code site, including Reddit or any other social media forum dedicated to coupon codes and discounts.
• Compensation
You will earn a commission of 20% on any completed orders for products made by Customers using the tools provided to you by Mons Pura to make those orders, such as promo codes, store links and sampler links.
All payments of commission for selling Mons Pura products, will be made through your Share a Sale account.
If your only purpose in joining the Mons Pura™ Brand Ambassador Program is to obtain the benefits without following the guidelines, you will be dismissed from the program, and further actions may be taken. Mons Pura tracks and reconciles every sale. Mons Pura also tracks and records every individual who receives any of the incentives provided by Mons Pura.
• Promotion of the Mons Pura™ Brand Ambassador Relationship
It is important to us at Mons Pura that you have fun and are happy as a Mons Pura Brand Ambassador, but you must always act in good taste and be respectful to others at all times that you are acting as a Mons Pura Brand Ambassador. We believe in living well, living healthy, living happy, and being respectful to others. As a Mons Pura™ Brand Ambassador, Mons Pura will make available to you resources (each of these resources sometimes being referred to herein as "Resources" or, individually, as a "Resource") and banners, which, subject to the terms of this Agreement, you may display as often and in as many areas on your site as you desire and with Mons Pura’s consent. The Resources will serve to identify your site as a member of the Mons Pura™ Brand Ambassador program and will establish a Resource from your site to the Mons Pura site.
Subject to the terms of the clause below, Mons Pura will provide you with graphic images or text provided by us (and subject to change from time to time at Mons Pura’s sole discretion). These Resources will connect your site directly to Mons Pura’s site. By utilizing these Resources, users of your site will be able to order directly from Mons Pura any Products that were described or referenced on your site.
You agree that Mons Pura may update, edit, modify and add its logo to any photos that you send to Mons Pura. It is your responsibility to obtain approval from the photographer before you send the photos to Mons Pura.
In utilizing the Resources, you agree that you will display on your site only those graphic images (indicating a Resource) that are provided by us, or that you create in good taste as determined by Mons Pura. All Resources may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of Mons Pura and you. You agree that each Resource connecting users of your site to the pertinent area of the Mons Pura site will in no way alter the look, feel or functionality of Mons Pura’s site.
• Market Confusion
You agree to refrain from using Mons Pura in your Instagram username. Written approval from Mons Pura’s Chief Executive Officer is required to do so.
• Mons Pura's Responsibilities
Mons Pura is responsible for providing all information necessary to allow you to make appropriate links from your site to the Mons Pura™ site. Mons Pura is solely responsible for processing every order placed by a customer following a special link from your site, for tracking the volume and number of sales generated by your site and for providing you information regarding sales statistics. Mons Pura is responsible for order entry, payment processing, shipping, cancellations, returns and related customer service.
• Your Legal Responsibilities
You agree to comply with the FTC guidelines and marketing regulations referenced above and with Mons Pura’s Brand Ambassador Social Media Policy. You are solely responsible for ensuring that reviews, descriptions and articles on your site comply with applicable FTC disclosure, copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. You agree that Mons Pura is not responsible for any such violations on your part as contemplated herein. For additional information regarding your responsibility to ensure proper FTC disclosures and to comply with all FTC guidelines, please visit the FTC website. You must never, ever, make claims that Mons Pura products cure or diagnose any diseases.
• Compliance with this Agreement
Mons Pura has the right in its sole discretion to monitor your site at any time to determine if you are following the terms of this Agreement.
Mons Pura will monitor for FTC compliance to ensure that your disclosures are adequately added and that you are complying with FTC guidelines. You are expected to comply with all FTC guidelines.
• Contest and Promotions
You are entitled to participate in and promote on your site any sweepstakes, contests and special promotions that Mons Pura may offer. You may earn commissions that are derived only from offers and promotional tools provided explicitly by Mons Pura for use on your site.
The unauthorized use of promotional offers taken from another website is strictly forbidden and may result in the termination of this Agreement and your removal as a Brand Ambassador.
• Giveaways
Mons Pura is not responsible for the cost, shipping or promotion of your personal giveaways. You are responsible for the purchase, shipping and advertising of items for your personal giveaways.
• SMS Consent
You agree to receive text messages from Mons Pura at the number that you provide to Mons Pura when you apply to become a Mons Pura™ Brand Ambassador. Message and data rates may apply. Message frequency varies. You can unsubscribe afterwards at any time by replying STOP to cancel. View the Mons Pura Privacy Policy.
• Report of Sales
You will be given a username and password and have the ability to enter a password-protected site to receive your sales statistics on a daily basis. (is this done by Share a Sale or Mons Pura?)
• Policies and Pricing
Customers who buy Mons Pura's Products through the Mons Pura™ Brand Ambassador Program codes will be deemed to be customers of Mons Pura. Accordingly, all of Mons Pura’s rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. Mons Pura may change its policies and operating procedures at any time. For example, Mons Pura will determine the prices to be charged for its Products sold under the Mons Pura™ Brand Ambassador Program in accordance with its own pricing policies. Mons Pura’s prices and Product availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you should update pricing often or not include price information in your Product descriptions.
• Publicity
You will not make any personal appearances or create, publish, distribute, or permit any written material that refers to Mons Pura without first submitting such material to Mons Pura and obtaining Mons Pura’s written consent.
• Licenses and Use of Mons Pura’s Logos and Trademarks
MONS PURA GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS ITS SITE THROUGH THE LINKS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS AND UNDER THE CONDITIONS PROVIDED FOR HEREIN, TO USE ITS LOGOS, TRADE NAMES, TRADEMARKS AND SIMILAR IDENTIFYING MATERIAL RELATING TO MONS PURA (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING PRODUCTS ON YOUR SITE FOR BUCKED UP. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY WITHOUT WRITTEN PERMISSION. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE MONS PURA™BRAND AMBASSADOR PROGRAM.
You shall not make any specific use of any Licensed Materials for purposes other than selling Products on your site for Mons Pura, without first submitting a sample of such to Mons Pura and obtaining the prior written consent of the Mons Pura™ Brand Ambassador Program manager. Mons Pura reserves all of its rights in the Licensed Materials and of its other proprietary rights. Mons Pura may revoke your license at any time by giving you written notice of the revocation.
• Promotion of Products on Prohibited Sites
Promotion or sale of Mons Pura™ Products through Google Shopping, Amazon, eBay, or other product listing ads or sites (either owned or not owned by you) is prohibited unless express written permission is provided by Mons Pura.
• Confidentiality and Non-Disclosure
Mons Pura may disclose certain of its confidential and proprietary information (the "Confidential Information") to you. Confidential Information shall include all data, materials, products, production methods, proprietary vendors, technology, computer programs, specifications, manuals, business plans, software, marketing plans, financial information, training materials and other information disclosed or submitted, orally, in writing or by any other media, to you by Mons Pura. All Information disclosed orally shall be considered Confidential Information, unless identified as non-confidential by Mons Pura at the time of disclosure. Nothing herein shall require Mons Pura to disclose any Confidential Information to you.
You agree that any Confidential Information disclosed to you by Mons Pura will not be shared with others in person, by email, through social media and in any other manner or through any other medium. You agree that Information provided to you by Mons Pura will not be photographed, recorded or reproduced in any way on social media. This includes but is not limited to Mons Pura™ Brand Ambassador training material, e-mail correspondence and written correspondence.
You agree that the Confidential Information is confidential and proprietary to Mons Pura, and that you shall hold the same in confidence, shall not use the Confidential Information other than for the purposes of the business of Mons Pura and shall disclose it only to its officers, directors, or another Mons Pura Brand Ambassador with a specific need to know and only disclosed as instructed by Mons Pura. You will not disclose, publish or otherwise reveal any of the Confidential Information received from Mons Pura to any other party whatsoever except with the specific prior written authorization of Mons Pura. You shall not duplicate Confidential Information furnished in tangible and intangible form except for purposes of this Agreement. Upon the request of Mons Pura, you shall return all Confidential Information received in written or tangible form, including any information copies, or reproductions, taken from , monspura.com or monspurahealth.com, with fifteen (15) days of such request. If you disclose, publish, or otherwise reveal any information, media or idea from Mons Pura or monspura.com or monspurahealth.com, you agree to pay $5,000 to Mons Pura as and for liquidated, estimated and stipulated damages, to be paid within thirty (30) calendar days. At your option, you may destroy any documents or other media developed by you containing Confidential Information. You shall provide a written certificate to Mons Pura regarding such destruction within ten (10) days thereafter.
You may not at any time disclose any sales, financial figures, costs or profit with anyone within Mons Pura or outside of it without the written consent of Mons Pura. This includes but is not limited to sales figures, sales tracking methods, customer counts, company growth, incentive programs and sales contests or events. Disclosing such information to another Mons Pura™ Brand Ambassador or an external party will be considered a material breach of this Agreement and subject you to damages, injunctive relief and reimbursement of Mons Pura's attorneys' fees and costs.
The obligations of confidentiality herein shall be effective immediately from the date that this Agreement and will continue indefinitely. Further, the obligation not to disclose shall not be affected by bankruptcy, receivership, assignment, attachment or seizure procedures, whether initiated by or against you, nor by the rejection of any agreement between Mons Pura and you, by your trustee in bankruptcy or by you as a debtor in possession or the equivalent of any of the foregoing under local or federal law.
• Non-disparagement
You will not, during the term of this Agreement or at any time thereafter, make disparaging statements, in any form, either orally or in writing, about Mons Pura’s officers, directors, agents, representatives, employees, affiliates, other Mons Pura Brand Ambassadors, partners, brand and products.
• Independent Contractor
You are retained as an independent contractor of Mons Pura. You acknowledge and agree that (i) you are solely responsible for the manner and form by which you perform under this Agreement, and (ii) you are a self-employed individual. You are responsible for the withholding and payment of all taxes and other assessments arising out of your performance of services, and you are not entitled to participate in any employee benefit plans of Mons Pura.
• Non-Complete
Mons Pura is happy that you have joined us as an Ambassador. During the term of this Agreement you agree not to compete directly with Mons Pura by owning, managing, operating, or consulting with a business that is substantially the same as Mons Pura. You are free, however, to act as an Affiliate or Brand Ambassador for companies which are not in the same business as Mons Pura and do not sell similar products as Mons Pura. If wish to join with or promote a company, other than Mons Pura, and want to receive our opinion of whether the company closely competes with Mons Pura, please feel free to reach out to us at Support@Monspura.com. While Mons Pura is under no obligation to grant requests to compete, we will review and consider each request.
• Non-Solicitation of Customers
You agree not to solicit or attempt to solicit, directly or indirectly, for any purpose that is not in the interest of Mons Pura, any customers of Mons Pura with which you have had any contact, during the term of this Agreement, and for a period of two (6) months following termination of this Agreement, notwithstanding the cause or reason for the termination of this Agreement.
You agree that at no time after the termination of this Agreement that you will solicit any of Mons Pura’s Products or services or promote Mons Pura’s codes to any of Mons Pura’s customers.
• Governing Law and Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of the United States and the state of Utah; in the event of any conflict, the laws of Utah will govern. You consent to the jurisdiction of the District Courts for Utah County Utah and the U.S. District Court for the District of Utah for any dispute arising out of this Agreement. You agree that in the event of any breach or threatened breach by you, Mons Pura may obtain, in addition to any other legal remedies which may be available, such equitable relief as may be necessary to protect Mons Pura against any such breach or threatened breach and reimbursement of Mons Pura's attorneys' fees and costs.
• Entire Agreement
You represent and agree that no promise, inducement, or agreement other than as expressed herein has been made to you and that this Agreement is fully integrated, supersedes all prior agreements and understandings and any other agreement between Mons Pura and you, and contains the entire agreement between Mons Pura and you.
• Modification
No oral agreement, statement, promise, undertaking, understanding, arrangement, act or omission of any party to this Agreement, occurring subsequent to the date hereof may be deemed an amendment or modification of this Agreement unless reduced to writing and signed by the parties hereto or their respective successors or assigns.
This Agreement is binding upon and will inure to the benefit of the parties, their successors, subsidiaries, affiliates and personal representatives.
I acknowledge that I have read and fully agree to the terms of this Agreement.