AMBASSADOR PROGRAM:
TERMS & CONDITIONS
Last Updated: AUGUST 30, 2024
1. Introduction
Welcome to the ShapeScale for Business Ambassador Program! These Terms and Conditions (the "Agreement") govern your participation in our ambassador program (the "Program") and establish the terms and conditions of the Program. By participating in the Program, you agree to abide by these terms.
1.1 DEFINITIONS
"Shape," "we," "us," or "our" refers to Shape Labs, Inc., the company behind ShapeScale.
"Ambassador," "you," or "your" refers to the individual or entity participating in the Program.
"Program" refers to the ShapeScale for Business Ambassador Program.
1.2 Changes to Terms
You can review the most current version of the Terms of Service at any time on this page. Shape reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the Ambassador's responsibility to check this page periodically for changes. The Ambassador's continued use of or access to the Program following the posting of any changes constitutes acceptance of those changes.
Ambassadors are strongly encouraged to review these terms regularly at https://business.shapescale.com/ambassador-terms to stay informed of any updates or changes.
1.1 DEFINITIONS
"Shape," "we," "us," or "our" refers to Shape Labs, Inc., the company behind ShapeScale.
"Ambassador," "you," or "your" refers to the individual or entity participating in the Program.
"Program" refers to the ShapeScale for Business Ambassador Program.
1.2 Changes to Terms
You can review the most current version of the Terms of Service at any time on this page. Shape reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is the Ambassador's responsibility to check this page periodically for changes. The Ambassador's continued use of or access to the Program following the posting of any changes constitutes acceptance of those changes.
Ambassadors are strongly encouraged to review these terms regularly at https://business.shapescale.com/ambassador-terms to stay informed of any updates or changes.
2. Eligibility AND APPLICATION
2.1. To be eligible for the Program, you must:
a) Be at least 18 years of age
b) Complete the application process at ambassadors.shapescale.com
2.2. We reserve the right to approve or reject any application at our sole discretion.
a) Be at least 18 years of age
b) Complete the application process at ambassadors.shapescale.com
2.2. We reserve the right to approve or reject any application at our sole discretion.
3. Program Rules and Restrictions
3.1. Self-referrals are strictly prohibited. You may not sign up for Shape through your own ambassador link. Any detected self-referrals will result in permanent account termination and forfeiture of any earned commissions.
3.2. Abuse or attempts to mislead are not tolerated. Any attempt to manipulate, defraud, or mislead us or potential customers will result in immediate account termination. This includes, but is not limited to:
a) Posting fake discounts on coupon-sharing websites
b) Making false claims about Shape products or services
c) Engaging in any activity that violates our policies or applicable laws
3.3. Advertising Restrictions:
a) You are prohibited from running search engine ads, especially on branded terms or domain names related to Shape or ShapeScale.
b) Facebook ads, Google Ads, or other paid advertising that could compete with our own marketing efforts are not permitted.
c) Any advertising that may cause confusion for customers or misrepresent your relationship with Shape is prohibited.
3.4. Misrepresentation:
a) You may not impersonate Shape or pretend to be acting on our behalf.
b) You are prohibited from posing as an employee or official representative of Shape.
c) You must clearly disclose your status as an independent ambassador in all communications and promotions.
3.2. Abuse or attempts to mislead are not tolerated. Any attempt to manipulate, defraud, or mislead us or potential customers will result in immediate account termination. This includes, but is not limited to:
a) Posting fake discounts on coupon-sharing websites
b) Making false claims about Shape products or services
c) Engaging in any activity that violates our policies or applicable laws
3.3. Advertising Restrictions:
a) You are prohibited from running search engine ads, especially on branded terms or domain names related to Shape or ShapeScale.
b) Facebook ads, Google Ads, or other paid advertising that could compete with our own marketing efforts are not permitted.
c) Any advertising that may cause confusion for customers or misrepresent your relationship with Shape is prohibited.
3.4. Misrepresentation:
a) You may not impersonate Shape or pretend to be acting on our behalf.
b) You are prohibited from posing as an employee or official representative of Shape.
c) You must clearly disclose your status as an independent ambassador in all communications and promotions.
4. Commission Structure and Payments
4.1. Commission rates are as follows:
a) 20% of the total ShapeScale for Business purchase price for outright purchases.
b) 20% of the first 24 months of lease payments, provided the customer does not terminate the lease and remains current on all invoices.
c) 10% commission applies in cases where an additional sales demo or call with our staff was required before closing the sale.
4.2. These commission rates apply unless a separate agreement between the Ambassador and Shape Labs, Inc. stipulates otherwise.
4.3. Commissions are paid only on qualified sales that are successfully completed and not refunded.
4.4. Payments will be made on a monthly basis, with a minimum payout threshold of $100. Payments are made on a NET30 basis.
4.5. We reserve the right to withhold payment if we suspect any violation of these terms or fraudulent activity.
4.6. Ambassadors are required to submit a W9 form before receiving their first commission payout. If payouts exceed $600 in a given year, Shape Labs, Inc. will report said payouts to the IRS via 1099 filings. Ambassadors must attest to the truthfulness of the information provided.
4.7. All payout transactions may be subject to bank charges or fees. Payouts are provided via Wise, PayPal, or bank wire transfers.
4.8. Shape Labs, Inc. reserves the right to update the commission structure at any time. Any changes will be communicated to Ambassadors and reflected in the most current version of these terms available at https://business.shapescale.com/ambassador-terms.
a) 20% of the total ShapeScale for Business purchase price for outright purchases.
b) 20% of the first 24 months of lease payments, provided the customer does not terminate the lease and remains current on all invoices.
c) 10% commission applies in cases where an additional sales demo or call with our staff was required before closing the sale.
4.2. These commission rates apply unless a separate agreement between the Ambassador and Shape Labs, Inc. stipulates otherwise.
4.3. Commissions are paid only on qualified sales that are successfully completed and not refunded.
4.4. Payments will be made on a monthly basis, with a minimum payout threshold of $100. Payments are made on a NET30 basis.
4.5. We reserve the right to withhold payment if we suspect any violation of these terms or fraudulent activity.
4.6. Ambassadors are required to submit a W9 form before receiving their first commission payout. If payouts exceed $600 in a given year, Shape Labs, Inc. will report said payouts to the IRS via 1099 filings. Ambassadors must attest to the truthfulness of the information provided.
4.7. All payout transactions may be subject to bank charges or fees. Payouts are provided via Wise, PayPal, or bank wire transfers.
4.8. Shape Labs, Inc. reserves the right to update the commission structure at any time. Any changes will be communicated to Ambassadors and reflected in the most current version of these terms available at https://business.shapescale.com/ambassador-terms.
5. Intellectual Property and Brand Guidelines
5.1. You are granted a limited, non-exclusive license to use Shape's trademarks, logos, and marketing materials solely for the purpose of promoting Shape products as part of the Program.
5.2. You must adhere to our brand guidelines, which will be provided to you upon acceptance into the Program.
5.3. You may not register any domain names, social media accounts, or other online identities that include Shape's trademarks or could be confused with official Shape properties.
5.2. You must adhere to our brand guidelines, which will be provided to you upon acceptance into the Program.
5.3. You may not register any domain names, social media accounts, or other online identities that include Shape's trademarks or could be confused with official Shape properties.
6. Confidentiality
6.1. You agree to keep all non-public information about Shape, including but not limited to product roadmaps, pricing strategies, and customer data, strictly confidential.
6.2. This confidentiality obligation survives the termination of your participation in the Program.
6.2. This confidentiality obligation survives the termination of your participation in the Program.
7. Termination
7.1. Either party may terminate this Agreement at any time, with or without cause, by giving written notice to the other party.
7.2. Upon termination, you must immediately cease all use of Shape's intellectual property and promotional materials.
7.3. We reserve the right to terminate your participation in the Program immediately and without notice if you violate any terms of this Agreement.
7.2. Upon termination, you must immediately cease all use of Shape's intellectual property and promotional materials.
7.3. We reserve the right to terminate your participation in the Program immediately and without notice if you violate any terms of this Agreement.
8. Limitation of Liability
8.1. Shape shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your participation in the Program.
8.2. Our total liability under this Agreement shall not exceed the amount of commissions paid to you in the 12 months preceding the event giving rise to the liability.
8.2. Our total liability under this Agreement shall not exceed the amount of commissions paid to you in the 12 months preceding the event giving rise to the liability.
9. Indemnification
You agree to indemnify, defend, and hold harmless Shape, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to your participation in the Program or violation of these terms.
10. Changes to the Terms and Conditions
10.1. We reserve the right to modify these Terms and Conditions at any time.
10.2. We will provide notice of any material changes via email or through our website.
10.3. Your continued participation in the Program after such changes constitutes acceptance of the updated terms.
10.2. We will provide notice of any material changes via email or through our website.
10.3. Your continued participation in the Program after such changes constitutes acceptance of the updated terms.
11. Governing Law and Dispute Resolution
11.1. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
11.2. Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.
11.2. Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.
12. Miscellaneous
12.1. This Agreement constitutes the entire agreement between you and Shape regarding the Program and supersedes all prior agreements and understandings.
12.2. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
12.3. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
By participating in the Shape for Business Ambassador Program, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions. If you have any questions about these terms or the Program, please contact us at ambassadors@shapescale.com.
12.2. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
12.3. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
By participating in the Shape for Business Ambassador Program, you acknowledge that you have read, understood, and agree to comply with these Terms and Conditions. If you have any questions about these terms or the Program, please contact us at ambassadors@shapescale.com.