Onboarding your first ambassador but don’t have a contract ready? Don’t worry, here’s a template you can use and modify to your liking. Click the button below to get it now (no email required!).
You’re free to use this template in your own business under the Creative Commons Attribution license. Edit them to your heart’s content.
Here’s an example of an simple attribution for your own ambassador contract based on ours:
Disclaimer: I’m not a lawyer, and I’m definitely not your lawyer :). None of this is legal advice.
What Do You Need In An Ambassador Contract?
Generally speaking, you should cover these topics in your Ambassador contract for your Shopify store.
- Intellectual property rights
- Independent Contractor
- Limitation of liability
Everybody’s business is different, so yours may need additional or fewer clauses. Disclaimer: I’m not your lawyer! 🙂
Let’s dive into each of these sections and see what they cover.
Eligibility covers who can become an ambassador of your company.
For most stores, you’ll limit this to people over the age of 18, people who have used your product, people who maintain their own personal social media account, and people who are in good standing with the Federal Trade Commission (FTC).
Depending on your store, you may add more or less restrictions in this eligibility section of your contract.
This is where you specify what work you expect your ambassador to do. For most stores, this would include social media posts, sharing their unique ambassador promo code, and collaborations with other brand ambassadors.
For certain businesses, you may ask ambassador to attend certain events or speak to the media to represent the brand.
If you specifically want something from your ambassador, be sure to specify it here so it’s clear for both parties. For example: “The ambassador will post 4 times in the month of November on their Instagram page sharing their promo code”.
This is where you specify actions you don’t want the ambassador to take.
This could include not making false claims about your product or not spamming people with their promotional code.
You may prohibit your product from being promoted in sexually explicit, violent, illegal, or political materially depending on what image you want your brand to have.
You may prohibit the ambassador from using your brand likeness on anything that causes confusion or misrepresents your brand. Or you may prevent the ambassador from sharing prices in their promotions (since you may change the prices quite often).
Anything you don’t want the ambassador to do, be sure to put in this section.
Here’s where you want to inform the ambassador of their duty to disclose. Otherwise you could get into trouble with the Federal Trade Commission.
You can provide examples like, please include a disclaimer with your social media posts such as #sponsored or #convertout_ambassador.
You may also which to include a clause that the ambassador is responsible for any third-party permissions or disclosures if they choose to collaborate or use somebody’s else’s content to promote.
Here’s where you list what the ambassador will be paid. This can either be a fixed price or a commission.
For the fixed price, you can say after the completion of the social media posts, the ambassador will receive $1000.
For commissions, you can state what percentage of sales the ambassador will receive based on their unique promo code.
Intellectual Property Rights
This section is important as it’s where you’ll tell the ambassador that you may re-use their photos in your marketing.
You will want to state that the ambassador grants your company a worldwide, irrevocable, sub-licensable, non-exclusive license to use any content the ambassador creates in any manner, in whole or in part, in perpetuity. This includes, but is not limited to, social media, advertising, publications, marketing material, or any other form of media.
These terms allow you to share your ambassador’s content in emails, on your website, or on your own social media platforms. This is a critical part of the ambassador program – this content is gold for your marketing team and saves you money of having to create it yourself.
Next, you’ll want to grant your ambassadors a license to use your content. That way they can legally promote and represent your brand.
You will want to state that your company grants the ambassador a non-exclusive, non-transferable, revocable, limited license to use your company’s name, logo, slogans, promo codes, likeness, and other advertising material solely for the purpose of this ambassador agreement.
You may want to restate that your company retains all ownership rights to your content, logo, slogans, and advertising material.
This is how you end your relationship with your ambassador.
Usually you want to add a clause here that your company may terminate the relationship with the ambassador at any time, for any reason, with or without cause.
In addition, you want to give a way for the ambassador to terminate the relationship as well. Typically with 30 days written notice.
You should put in a clause that after terminate, all limited licenses of your company’s material (such as photos, logos, branding) shall be terminated and that the ambassador will no longer represent themselves as an ambassador of your company.
A non-compete clause prevents an ambassador from going directly to your competitor immediately after the termination of your relationship.
Typically these last a couple of months. Please note that non-competes are not enforceable in all states or regions of the world.
This is an important part of the contract. This basically covers you if your ambassador program breaks or something wrong is with your website.
This limits your liability in these cases and basically says – if something goes wrong and your ambassador loses out on revenue, you cannot be held liable.
This covers the jurisdiction under which the agreement will be enforced, what happens if some clauses are struck down and if mediation is required before going to trial.
Add anything else here that doesn’t fit into the other sections.