JF-Essential T&C - Jack Fresh

JACK FRESH ESSENTIAL AGREEMENT

This Agreement “Agreement” describes the terms and conditions for participation in the Jack Fresh Essential/Representative Program collectively referred to as the “J.F.E Program” or “Program” which refers to promoting JackFresh.com, the brand and it’s products, to potential customers in return for compensation related to individual performance.

The terms "Jack Fresh Essential," “you," and "your" are referring to you, the applicant, the person who bought a #JackFreshEssential promo code from JackFresh.com. Jack Fresh is the Brand and this Agreement refers to the Brand as "We" and "our". We are independent parties and this Agreement will not form any partnership between you or the brand in any extent other than what this agreement describes.

AGREEMENT DURATION

This agreement will hold valid for 180 days from the date you receive your #JackFreshEssential promo code via JackFresh.com. We can terminate this Agreement at any time without cause or by violation of any terms of this Agreement. Termination may happen at any time, with or without cause, by giving the other party notice of termination. This Agreement will and can be updated at any time by a JackFresh.com executive without immediate notification to current or potential applicants.

ORDER PROCESSING

For a sale to generate a commission to a Jack Fresh Essential, the customer must successfully complete a purchase of Jack Fresh products using a unique code designated to You. It is the responsibility of the Jack Fresh Essential to become familiar with the Jack Fresh website and electronically generated linking process. JackFresh.com will not be responsible for commissions not clearly attributable to the Jack Fresh Essential via exclusive code process outlined herein.

PROMOTIONAL CODE & COMMISSION

PROMOTIONAL CODE

Your promotional code = Free Shipping at JackFresh.com + you receive:

COMMISSION FEES

You can receive commission on any purchase that uses your personal discount code. You can receive commission on your own orders.

COMMISSION RATE

£7 per T-Shirt, Sweatshirt, and Hoodie across mens and womens "Jack Fresh Classic", "Jack Fresh FX Collection", and "The Wild Life" ONLY!.

You also receive Free Shipping + Complimentary paid bonuses on other items sold using your promotional code; and your standard rate may increase when the cost per item increases.

PAYMENT

All commissions will be paid out monthly at the end of the next calendar month; before we can pay you, we need to wait 30 days in case customers qualify for their money back! Once the 30 day period has expired we will pay you.

We currently pay via PAYPAL.com only. All Jack Fresh Essentials must sign up for a Paypal account in order to receive their commissions.

We reserve the right to withhold payment pending an investigation of suspected fraud or misrepresentation of associated Commissions for orders or referrals that were obtained fraudulently or through misrepresentation.

SPREADING THE WORD

As a Jack Fresh Essential, You are asked to share the many benefits of Jack Fresh.

You are encouraged to highlight the many benefits of using JackFresh.com including:

1. Jack Fresh has products available for men and women.

2. Jack Fresh provides clothing that is soft and comfortable to wear.

3. Jack Fresh is affordable and modern.

4. JackFresh.com offer’s Free Shipping on each item when your code is used.

If a potential customer wants to purchase a Jack Fresh product, we recommend that you provide your honest opinion of the product, its use and your personal experience with it.

As a Jack Fresh Essential, you are only sharing your unique discount code with your network; anyone in your community, your clients, your friends, your family, any posts on your social channels (Facebook, Instagram, Youtube, Twitter, etc.), any posts on blogs, or external websites.

If you recommend, tell or advise using any Jack Fresh product to your network or to any potential customer using any false claims, you or any Jack Fresh Essential will be held solely liable for that customer as we will not be held liable under this Agreement.

Jack Fresh has the right to require you or any Jack Fresh Essential to remove any posts or reference online or in public, made by you or any Jack Fresh Essential at anytime.

As a Jack Fresh Essential, you agree to not share your Jack Fresh Essential code on any of the Jack Fresh owned or run Social Media channels or online networks including our website or blog. JackFresh.com has the right to delete or hide any post made on our channels as unacceptable.

For example: It is OK to comment on any Jack Fresh page: "Jack Fresh has really nice clothes. This is my new favourite site and I recommend it to all my family and friends. I love representing the Jack Fresh brand".

It is NOT OK to comment on any page ran by Jack Fresh: "Jack Fresh is great, message me, I have a Jack Fresh Essential discount to get you Free Shipping off everything".

JackFresh.com will be solely responsible for processing every order placed by a customer through our ads, text links or buttons placed in your website or blog, Facebook page, Twitter feed and emails.

Customers who purchase products through the Jack Fresh website are deemed to be customers of Jack Fresh. Prices and availability of our products may vary from time to time. Jack Fresh policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

Jack Fresh reserves the right not to accept any site, organization or individuals into the Jack Fresh Essential Program based on a background check of social, personal and site content.

Individuals do not qualify for the Jack Fresh Essential Program if such sites or social sites are:

• X-rated and promote sexually explicit materials

• Promoting violence and discord

• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

• Promoting illegal or questionable activities

• Violating intellectual property rights

As a condition to your acceptance and participation in the Program, you will comply at all times with all English law, and foreign laws, statutes, ordinances, rules, regulations, orders, judgments and decrees applicable to you, your Sites, your business and your participation in the Program.

In addition, you will NOT:

a) Use the name "Jack Fresh" or any variation thereof, in any manner not expressly authorized by this Agreement;

b) Use or otherwise incorporate the words "Jack Fresh" or variations or misspellings thereof in the domain names of your site, on any meta tags of web pages comprising your site, in hidden text or source code, or in searchable keywords;

c) Engineer your site in such a manner that pulls or diverts internet traffic away from the JackFresh.com Site;

d) Attempt to modify or alter our site or any site with which we are affiliated in any way; e) Make any representations, either express or implied, or create an appearance, that a visitor to your site is visiting our site (for example, "framing" our Site), without our expressed written approval;

f) "scrape" or "spider" our Site or any other Jack Fresh Site for content (such as images, logos or text);

g) Generate or send any email messages using or containing our name or logo, or any variation thereof, any of our Trademarks (as defined below) or any of our products, without our expressed written permission;

h) Forward, redistribute, or otherwise repurpose any email communications or newsletters that we send to our affiliates or customers;

i) Generate or send any unsolicited email (spam) under this Agreement;

j) Modify price information regarding our products or offers on your site; or

k) Create, link to or host any type of shopping cart between our site and your site.

Violation of this Agreement may result in, among other things, the immediate termination of this Agreement and the commencement of an action by us against you seeking, without limitation, injunctive relief and recovery of actual, statutory and punitive damages.

We have the right in our sole and absolute discretion to monitor your program at any time and from time to time determine whether you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your site and/or social media posts for that purpose.

WEBSITE RESTRICTIONS

Selling Jack Fresh products outside of the JackFresh.com shopping cart is strictly prohibited including but not limited to websites such as Amazon.com, Ebay.com, Gumtree.com, etc. or any online retailer, distributor, coupon code site, blog site or website store front. Using “Jack Fresh” in any domain name is strictly prohibited.

SPAM & PUBLICITY

SPAM

Jack Fresh in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Jack Fresh Essentials are expected to adhere to this policy as well. Violation of this policy will result in the termination of this Agreement and immediate dismissal from the Jack Fresh Essential Program, with no due compensation.

PUBLICITY

You will not create, publish, distribute, or permit any written material (e.g., press releases, marketing material (Physical or Electronic) that makes reference to us without first submitting such material to us and receiving our prior written consent, which may be withheld, delayed or conditioned at our sole discretion.

JackFresh.com will not be responsible for commissions not clearly attributable to the Jack Fresh Essential via exclusive code process outlined herein.

LIMITED LICENSE AND USE OF THE JACK FRESH NAME & ASSETS

We grant you a personal, non-exclusive, non-transferable, non-sub licensable, fully revocable license, subject to the terms of this Agreement, to (i) market our brand and products solely in accordance with the terms of this Agreement and (ii) solely in connection with such marketing, to use our logos, trade names, trademarks, service marks and similar identifying material including images and other electronic and physical assets.

You acknowledge that this Agreement does not provide you with any intellectual property rights in the Licensed Materials other than the limited rights contained herein. You will not make any specific use of any Licensed Materials for purposes other than generating the sale of our products to your network, without first submitting a sample of such use to us and obtaining our prior written consent, which we may withhold in our sole and absolute discretion. The license granted herein does not apply to any trademarks, trademark variations and misspellings, and service marks belonging to us that are not included within the Licensed Materials.

Your license to use the Licensed Materials is also subject to the following guidelines:

- You may use the Licensed Materials only for purposes expressly authorized by us in this Agreement or otherwise in writing.

- You may not alter, modify, or change the Licensed Materials in any way; for example, You may not change the proportion, colour, or font of any trademark.

- You may not display the Licensed Materials in any manner that implies our sponsorship or endorsement of your products, services or site outside of your involvement in the Program.

- Each of our trademarks must appear by itself and must be surrounded by sufficient empty space on all sides in order to avoid unintended associations with any other objects (including type, photography, borders and edges).

- You may not copy or use any image on our Site, except for those links or photos specifically provided to you under this Agreement.

-You will not purchase or otherwise contract with a third party to exploit any of our marks for the purpose of causing your site to appear as a search result or for any other reason.

RELATIONSHIP BETWEEN PARTIES

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales Ambassador, or employment relationship between you and us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

CONFIDENTIALITY

Except as otherwise provided in this Agreement or with our prior written consent, you agree that all information, including the terms of this Agreement, our business and financial information, our customer lists, vendor lists and our pricing and sales information, will remain strictly confidential and will not be disclosed to any third party and will not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose, except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you may deliver a copy of any such information (a) pursuant to a subpoena issued by a court of competent jurisdiction or administrative agency, (b) to Your accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process, provided you give us reasonable advance notice of such delivery and use your reasonable efforts to ensure that any such information is accorded confidential treatment by the person to whom it is delivered.

LIMITATION OF LIABILITY

We will not be liable (whether in contract or based on warranty, negligence, tort, strict liability or otherwise) for indirect, special, exemplary, consequential or incidental damages, or any loss of revenue, profits or data, arising in connection with this Agreement, the Jack Fresh Essential Program, or even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total salary / commissions paid or payable to you under this Agreement. You recognize and acknowledge that this limitation of damages is fair and reasonable.

EVALUATIONS

Each Jack Fresh Essential is evaluated monthly to gauge productivity, success rate and program participation; if the evaluation results are meeting JackFresh.com expectations or exceed them, an increase in base pay and/or commissions will go into effect immediately.

Results of the monthly evaluation can also lead to immediate termination of the Jack Fresh Essential agreement and our relationship if we do not feel that the participation is at an expected level and/or there have been any violations of this agreement.

INDEMNIFICATION

You hereby agree to indemnify and hold harmless JackFresh.com, our affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders and members, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including court costs and reasonable attorney's fees), even if such claims are groundless, fraudulent or false (any or all of the foregoing hereinafter referred to as "Losses") in so far as such Losses (or actions in respect thereof) arise out of, are based on or connected with (i) any breach or alleged breach of any representation, warranty, covenant or agreement made by you herein, including claims for unsolicited email (spamming) or other violations of rights of privacy or activities of your Site (including without limitation any activities or aspects thereof or commerce conducted thereon) or your business, (iii) your misuse, unauthorized modification or unauthorized use of the services or materials provided by us, (iv) the development, operation or maintenance of your Site, or (v) any actual or alleged infringement by you of any intellectual property rights or other rights of any person or entity.

In our sole discretion, we may assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We may participate in the defence of all claims as to which we do not assume defence and control, and you will not settle any such claim without our prior written consent.

We hereby agree to defend, indemnify and hold you harmless from all claims, damages, and expenses (including attorneys' fees and costs of litigation) relating to your use of any Jack Fresh and Jack Fresh content in accordance with the terms of this Agreement, and the development, operation, maintenance or content of our Site and its business.

Assignment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

Notice

Any notices required or permitted by this Agreement must be delivered to us via: Jackfreshteam@mail.com Any notices required or permitted by this Agreement or communications in connection with the program will be sent to you by us via e-mail at the address you provided when buying your promotional code.

The information in this document is confidential; please do not share any of this information with anyone (Copyright 2019 JackFresh.com)

ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between the parties with regard to the subject matter hereof and supersedes all prior Agreements and understandings, both written and oral, in addition to, and without limiting your obligations under this Agreement. The headings of sections or other subdivisions of this Agreement will not affect in any way the meaning or interpretation of this Agreement.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Jack Fresh Essential Program or your potential to earn income from the Jack Fresh Essential Program. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for website down time.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

By purchasing a #JackFreshEssential promo code and working as a Jack Fresh Essential for JackFresh.com, You acknowledge that you have completely read and you understand this Agreement and will read any Jack Fresh Essential Agreement going forward. You agree to all its terms and conditions listed, including all Jack Fresh Essential and Jack Fresh product information including but not limited to, Jack Fresh Marketing Information, Jack Fresh Essential Overview, Jack Fresh Essential Commissions and site pages of JackFresh.com. You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Once you have read the entire Agreement, complete the contact form by purchasing #JackFreshEssential promo code. Once we receive payment we will setup and send you your promotional code, this will indicate that you have completely read the terms of Service, Jack Fresh Essential Agreement & Privacy Policy as well as agree to represent the Jack Fresh brand in the most appropriate and respectful way to all networks and through public messaging.

Law and jurisdiction

These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the English courts will have exclusive jurisdiction over such dispute.

The information in this document is confidential; please do not share any of this information with anyone (Copyright 2021 JackFresh.com)