SitTight Ambassador Terms and Conditions
SitTight Ambassador Agreement
By signing up to be an Ambassador on www.sittight.com (the “Website”), you are entering into this legal agreement (the “Agreement”) with SitTight, Inc., a Delaware corporation (the “Company”), for the purpose of acting as a lead generator to assist the Company in selling its chairs (each, a “Product” and collectively, “Products”) through the Website, on the following terms and conditions:
- AMENDMENT. The Company reserves the right to prospectively change, add, or delete portions of this Agreement at any time. If we do so, we will provide you with notice by posting a notice of the change on the Website or in your dashboard, by sending you an email, or by any other means we reasonably deem appropriate. Any such changes will become effective immediately upon posting to the Website, and the continued use of your URL and/or Code by you after any changes have been made shall constitute your acceptance of such changes.
- NOT AN EMPLOYEE. You are an independent contractor and are not an employee of the Company. Unless otherwise expressly agreed to in writing, you are not entitled to or eligible for any benefits not specifically enumerated in this Agreement. The Company shall have no obligation to withhold or pay income tax, payroll tax, workers’ compensation, pension, deferred compensation, welfare, insurance, or any other employment taxes on your behalf.
- ELIGIBLE SALES.
- You acknowledge and agree that you cannot bind the Company to sell Products to anyone. You agree not to represent or hold yourself out as having the authority to bind the Company in any manner. The Company may decide in its sole and absolute discretion whether or not to sell Products to any Eligible Customer.
- The Company will provide you with a unique referral URL (your “URL”) and a unique referral code (your “Code”) that you may use to attract and track prospective customers. In order for any prospective customer to become an “Eligible Customer”, such prospective customer must purchase a Product either through your URL or by entering your Code at the time of checkout (each, an “Eligible Sale”). The Company cannot be responsible for any prospective customer that fails to use your URL or Code, nor will the Company under any circumstance adjust Commissions owed to you for any alleged failure of a prospective customer to use your URL or Code.
- Ambassadors are entitled to earn a “Commission” of ten percent (10%) of the sales price of Product sold in Eligible Sales. Commissions will be earned sixty (60) days after each Eligible Sale and will be be paid electronically to your PayPal account. You must establish a PayPal account and provide your PayPal email address on the Settings page of the SitTight Ambassador login in order to be paid commissions.
- Notwithstanding the foregoing, no Commission will be earned with respect to any Eligible Sale where a return has been initiated by the customer. If any Commission is paid to you in respect of any amount which is subsequently refunded to the Company’s customer, then the Commission with respect to such refunded amount will be deducted from future Commissions to be paid to you.
- Any Commissions earned under this Agreement will be paid on a monthly basis within thirty (30) days following the end of each calendar month in which Commissions are earned. Commissions will be payable during the Term of this Agreement and for a period of ninety (90) days thereafter.
- TERM. This Agreement begins when you sign up as an Ambassador and will continue until terminated by either party at any time, for any reason or for no reason. Either party may terminate this Agreement with notice to the other party either through the Website dashboard or via e-mail. Upon termination, the Company may immediately deactivate your URL and/or Code.
- NO EXCLUSIVITY. No exclusive relationship between you and the Company is formed by this Agreement or otherwise. The Company will retain other lead generators to engage in lead generation. You are free to provide services to others as an employee, independent contractor, or otherwise.
- Notices. All notices, demands, requests, or other communications required or permitted by this Agreement (collectively, “Notices”) shall be in writing and shall be deemed duly served when delivered to the party through your dashboard account or to the email address listed on your account.
- Governing Law. This Agreement shall be construed according to and governed by the laws of the State of California without regard to its conflicts of laws principles.
- Binding on Successors and Assigns. This Agreement will be binding on the parties to the Agreement and on each of their heirs, executors, administrators, successors, and permitted assigns.
- Waiver. No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
- Severability. If any provision hereof is held invalid or unenforceable by an arbitrator or by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
- Assignability. This Agreement and the rights and obligations thereunder with respect to you are personal to you and may not be assigned by any act of yours or by operation of law without the prior written consent of the Company. The Company shall have the absolute right to assign this Agreement to a successor in interest to the Company or to the purchaser of the its business, whether by asset sale, merger, or otherwise.
- Integration. This Agreement embodies the entire agreement of the parties hereto respecting the matters within its scope.