Last Updated: May 5th, 2025
1. Acceptance of These Terms
By applying to or participating in the Rally.Fan Brand Ambassador Program (the “Program”), you (“Ambassador,” “you,” or “your”) agree to be bound by:
If you participate through a duly‑authorised agent, manager, or marketing agency (collectively, “Agent”), both you and the Agent acknowledge that the Agent has full authority to bind you and that you are jointly and severally responsible for all obligations hereunder. Do not participate if you do not accept every term.
2. Eligibility
- Age & Capacity. You must be at least 18 years old and legally able to enter contracts.
- Account Ownership. You must control a TikTok account created on or before the date you apply.
- Legal Residence. You must reside where influencer marketing is lawful and where Rally.Fan may operate.
- Right of Refusal. Rally.Fan may approve or reject applications in its sole discretion.
- Agent Authority. Any Agent must hold written power to act for you and receive payments on your behalf.
3. Content Standards
- Quality & Authenticity. Content must be original, accurate, and educational, reflecting real use of Rally.Fan.
- Mandatory Disclosures. Each post must include a clear disclosure such as #RallyAmbassador, #ad, #sponsored, or “Partnered with @rally.fan.”
- Prohibited Content. Do not post:
- false or misleading statements;
- hate speech, nudity, or illegal activity;
- third‑party intellectual property without permission;
- disparagement of Rally.Fan or any person.
- 24‑Hour Takedown. You must remove, edit, or disable any Rally‑related content within 24 hours of Rally.Fan’s written request—for any reason or no reason.
4. Compensation & Perks
- Stipend. Ambassadors receive a monthly stipend specified in their individual Ambassador Agreement (“IAA”). Rally.Fan decides payment method (e.g., Deel, PayPal, ACH).
- Additional Perks. Rally.Fan may, at its sole discretion, grant free Pro‑plan access, early‑release features, or merchandise.
- Currency & Taxes. All payments are in U.S. dollars unless stated otherwise. You are solely responsible for all taxes.
- No Employment. Participation does not create an employer‑employee relationship; you act as an independent contractor.
5. Intellectual Property
- Your Content. You retain ownership of content you create but grant Rally.Fan an irrevocable, worldwide, royalty‑free, sublicensable licence to use, reproduce, adapt, distribute, and display such content in any media.
- Rally.Fan Marks. Rally.Fan grants you a limited, non‑exclusive, non‑transferable licence to use Rally.Fan trademarks solely in Program‑related content and only in accordance with supplied brand guidelines.
6. Compliance & Prohibited Activities
- Regulatory Compliance. You will follow all applicable advertising, consumer‑protection, privacy, and platform rules—including the U.S. FTC Endorsement Guides and Canadian disclosure standards. Disclosures must be clear and conspicuous.
- Strictly Prohibited:
- undisclosed paid or incentivised reviews;
- click‑bait, fake engagement, or bot traffic;
- promoting competing creator‑commerce platforms without written approval;
- harassing, hateful, or violent content;
- any act that could, in Rally.Fan’s sole judgment, harm Rally.Fan’s reputation.
7. Confidentiality
You may receive non‑public information about Rally.Fan. You must keep it confidential and use it solely to meet Program obligations, unless disclosure is required by law.
8. Term, Suspension & Termination
- These Terms remain in force until terminated.
- Either party may terminate participation for any reason on seven (7) days’ written notice.
- Rally.Fan may suspend or terminate immediately for material breach.
- Upon termination you must:
- cease using Rally.Fan IP and brand assets; and
- remove or edit Rally‑related content as reasonably requested.
9. Equitable Relief
You acknowledge that breach of Sections 3–6 or 8 could cause Rally.Fan irreparable harm for which monetary damages are inadequate. Rally.Fan may obtain injunctive relief without posting bond, in addition to any other remedies.
10. Limitation of Liability
Except for (i) your indemnity obligations and (ii) either party’s breach of confidentiality, neither party is liable for indirect, incidental, special, consequential, or punitive damages. Rally.Fan’s total cumulative liability will not exceed USD $1,000 or the stipend paid to you during the month preceding the claim—whichever is less. No limitation applies to your liability.
11. Indemnification
You will defend, indemnify, and hold harmless Rally.Fan and its affiliates from all claims, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your content; or (c) your violation of any law or third‑party right. These obligations survive termination.
12. Dispute Resolution; Waivers
- Governing Law. Ontario law (and applicable Canadian federal law) governs these Terms.
- Arbitration. Any dispute shall be resolved by binding arbitration administered by ADRIC, seated in Toronto, conducted on an individual basis only.
- Waivers. You waive any right to a jury trial, to class or representative actions, and to injunctive relief other than as provided in Section 9.
13. Modification of Terms
Rally.Fan may update these Terms at any time by posting a revised version and notifying you (e‑mail, Slack message, or in‑platform). Continued participation after the effective date constitutes acceptance.
14. Agent Representation (if applicable)
- Authority. You confirm that your Agent is authorised to act for you.
- Joint Responsibility. You and your Agent are jointly and severally liable for all obligations.
- Payment Discharge. Payment to either you or your authorised Agent fully discharges Rally.Fan’s obligation.
- Internal Disputes. Any dispute between you and your Agent is yours alone; Rally.Fan bears no liability.
15. Contact
Questions? E‑mail us at friends@rally.fan.
