Ambassador Program Terms & Conditions
OVERVIEW
This Ambassador Program is operated by Primal Pet Foods, Inc. (“Primal”). The Program is governed by these Terms & Conditions, Primal’s commercial Terms & Conditions and Privacy Policy, and the linked Grin Technologies Inc. (“Grin”) Terms of Use (“TOU”) and GRIN Privacy Policy, as may be applicable. By participating in the Program, you (the “Creator”) are an Ambassador. You also acknowledge and agree to be bound by all the referenced terms, conditions and policies. Please read them carefully. We reserve the right to change, including delete, any part of these Terms & Conditions (and those terms, conditions and policies incorporated into them) by posting the changes. It’s your responsibility to check the relevant web pages periodically for changes.
TERMS & CONDITIONS
(1) GENERAL: The Ambassador Program is operated using and through the Grin referral platform and so the Grin TOU and Privacy Policy also apply to the program to that extent. Primal has no input into or responsibility or liability for Grin’s privacy or information security or other practices or conduct, including what Grin may do with Creator (or third party) information submitted to Grin.
(2) APPLICABLE TERMS: Primal’s Privacy Policy and commercial Terms & Conditions also apply, including while Creators are on Primal’s website, and may otherwise apply to the Ambassador Program generally, including as to Creator (and third party) information shared on the Grin site/platform that Primal may access or use. Nothing in Grin’s TOUs or Privacy Policy, nor in Primal’s Privacy Policy or commercial Terms & Conditions, is intended to nor shall waive or limit any rights which cannot be waived or limited under applicable law.
(3) POSTS: All posts must be truthful and accurate, must not be misleading, must not misrepresent any Primal product or its quality, characteristics, safety or effectiveness, must be appropriate in subject matter and language and media utilized, must include only the Creator and its owned pets and Primal products used by the Creator, must not disparage any other product or third party, must not be inspired by nor incorporate concepts or material, including intellectual property such as content, photographs or music, belonging to others whether such concepts or material are copyrighted, trademarked or otherwise legally-protected or not, and must not otherwise violate the rights of any third parties. Primal shall have the right but not the obligation to review all posts before publication, including for legal compliance.
(4) LEGAL COMPLIANCE: In accordance with the Grin TOUs, all posts must comply with all applicable laws including licensing laws, if any, and the requirement that Creators openly disclose that they got product, if any, from Primal or any other association they may have with Primal, if any.
(5) LICENSE; WAIVER & RELEASE: Creators grant Primal a perpetual, irrevocable, non-exclusive, unconditional worldwide license as to all posts (including all concepts, content and personal information (including “sensitive” personal information), and underlying electronic data (including posting, browsing and viewing data), including to the republication (including at scale) and other use of all posts by Primal and any other person or entity with Primal’s permission, in any manner (including edited, combined with other material or otherwise altered) and in any medium or channel. CREATORS CONSENT TO PRIMAL’S (AND OTHERS’) USE OF ALL POSTS (INCLUDING ALL CONCEPTS, CONTENT and PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION), AND UNDERLYING ELECTRONIC DATA (INCLUDING POSTING, BROWSING AND VIEWING DATA) AND WAIVE AND RELEASE ALL RELATED RIGHTS AND REMEDIES, INCLUDING COPYRIGHTS, TRADEMARK RIGHTS, RIGHTS OF PUBLICITY (INCLUDING TO LIKENESS), MORAL RIGHTS AND ALL OTHER APPLICABLE RIGHTS AND REMEDIES PROVIDED BY INTERNATIONAL, FEDERAL, STATE OR LOCAL LAW.
(6) NO CONTROL; NO COMPENSATION: Primal does not seek to control or direct and does not control or direct what Creators post or how. While Creators may get product from Primal, they will get no compensation of any form (including no royalties) and no reimbursement of any expenses, if any. Any product Creators may get from Primal is not provided in exchange for any personal information of Creators and is subject to Primal’s commercial Terms & Conditions.
(7) RELATIONSHIP: Creators are not Primal employees, contractors or other agents. Creators are voluntary freelance content and marketing creators and posters who post for their own reasons. Each post stands on its own and there is no continuing relationship or any promise of additional posting or other opportunities.
(8) AGE: All Creators must be at least 18 years of age.
(9) DISPUTE RESOLUTION: All disputes between Primal and Creators arising out of or related to the Ambassador Program shall be resolved, exclusively and irrevocably, by binding arbitration under the then current rules of the American Arbitration Association. The arbitration shall be conducted at Fairfield, California. There shall only be individual arbitrations, no class or representative arbitrations. In agreeing to arbitration, Creators are waiving their rights to sue in court and, possibly, to a trial by jury.