Logo Pit Boss's Brand Ambassador Program

Terms and Conditions

PART I:
Non-Disclosure and Participation Agreement   

By participating in one or more of the Events described below, you hereby agree to this Non-Disclosure and Participation Agreement (“Agreement”) between you (“You” or “Recipient”) and Pit Boss Grills, located at 3411 North 5th Ave Suite 500, Phoenix, Arizona, 85013 (“Company”), for good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged). 
1.           Event Participation.  Company is engaged in the research and development of various products including grills, smokers, accessories, and barbecue-related equipment and products. Company hosts focus groups where it will gather consumer insights (each an “Event”); such Events include, but are not limited to, requests for feedback on unreleased products or marketing initiatives and efforts. Company may use Experticity, Inc. or the Experticity, Inc. platform to provide invitations to the Event and/or instructions related to the Event. During the Event, Company will disclose certain Confidential Information to You and request your insights, feedback and ideas about that Confidential Information and other information. For valuable consideration, you agree to participate in the Event and comply with the terms of this Agreement. By participating You represent and warrant that You are at least 18 years of age and have the full legal capacity and legal authority to enter this Agreement.  
2.           Confidential Information. (a) You acknowledge and agree that during or in connection with the Event, You may learn of, be exposed to or come into possession of certain Company “Confidential Information,” as defined herein.  You agree that You will not, directly or indirectly, (i) use such Confidential Information except as required or requested by Company in connection with the Event; (ii) disclose such Confidential Information to any other person, corporation or entity; or (iii) allow a third party access to such Confidential Information. These restrictions continue to apply after the Event for so long as the confidential nature of such information is maintained by Company.  (b) “Confidential Information” shall mean non-public information shared with you by Company, non-public information shared with you by others at the Event, and the work made for hire materials contemplated by this Agreement.  Notwithstanding the foregoing, Confidential Information shall not include any information that is available or becomes available from public sources through no fault of You, or that is shown through proper documentation to have been developed independently by You prior to the date of this Agreement. 
3.           Work Made for Hire/Assignment of Rights.  All insights, feedback and ideas provided by You at the Event shall be deemed “work made for hire” and Company’s sole and exclusive intellectual property. You agree that Company shall be free to use, reproduce, disclose and distribute such materials in any manner without limitation. To the extent that any or all of such materials are deemed for any reason not to be a “work made for hire,” You hereby assign all of your right, title and interest therein and thereto to Company, from the time of creation, free and clear of all encumbrances or restrictions. You agree to execute at Company’s request, and at no further charge to Company, any and all documents Company may deem necessary, appropriate or convenient in connection with the foregoing. You shall not disseminate the materials referenced in this paragraph, nor shall You use such materials for your own purposes or for the account of any other person or entity.  You agree that other than any compensation provided by Company in connection with the Event, you have no right to any payment or accounting from Company in connection with the foregoing and that You will make no claims for compensation against Company. 
4.           Effective Date.  This Agreement is effective as of the first date you receive Confidential Information from Company.

PART II:
BRAND ADVOCATE AGREEMENT BY AND BETWEEN PIT BOSS GRILLS, EXPERTICITY AND BRAND ADVOCATE
     

THIS BRAND ADVOCATE AGREEMENT
 (the “Agreement”) is dated as of the day you opt-in to the click-wrap “I agree” section of your Brand Portal (“Effective Date”) between Pit Boss Grills (“Pit Boss Grills”), an Arizona corporation, Experticity, Inc., a Washington corporation (“Experticity”), and you a Digital Influencer Brand Advocate (“Brand Advocate”), an individual.    


AGREEMENT  
Scope of Relationship
   You have agreed to act as a Brand Advocate for Pit Boss Grills branded programs that you participate in.  In exchange for your participation in Pit Boss Grills’ program, you will receive free products and other incentives such as but not limited to discounts, coupons, and gift certificates as compensation.  

You are acting on behalf of our brand and you recognize that Experticity is the administrator of both your role as Brand Advocate and the entirety of the program for which you are a part of.    

Policies That Govern Your Activity
   As a Brand Advocate, you are governed by the posted Terms of Service and Privacy Policies for Pit Boss Grills and Experticity.   By accepting to act as a Brand Advocate, you are agreeing that you have read and will comply with all material terms of each company’s Terms of Service and Privacy Policy.   This Agreement acts in conjunction to said policies for each company.   

How to Properly Post Content as a Brand Advocate
   We take fair and transparent advertising and promotion very seriously.  Part of your responsibilities will be to post your user-content (“Content”) on social media that you generate to promote our products and influence your audience to participate in the branded programs you are a part of.  You have received a copy of “Pit Boss Grills’ Social Media Guidelines for Brand Advocates” as Exhibit A to this Agreement.  You recognize that you have a material connection with Pit Boss Grills when acting in the scope of each specific campaign.   

Because you have or may receive an incentive to post User Content on behalf of Pit Boss Grills, you are required to prominently display your relationship pursuant to the methods set forth for each social media channel on Exhibit A (Pit Boss Grills’ Social Media Guidelines for Brand Advocates).  We will be periodically monitoring your Content to ensure that you are complying with the Usage Guidelines set forth in Exhibit A.  Further, we reserve the right for Pit Boss Grills or Experticity to remove any Content that we deem is infringing or non-complying and also reserve the right to terminate your account.   

At all times during this Agreement, your Content is required to be compliant with our Usage Guidelines and promote the following themes to the best of your ability:   

  • Protect Goodwill and Brand Integrity of Pit Boss Grills §  Don’t Bully or Harass Anyone at Anytime
  • Respect the Intellectual Property Rights and Rights of Privacy
  • Respect the Terms of Service for All Websites You Post Content On  

Rights You Grant Us In Your Content 
  

By posting or submitting Content via the Experticity Services or this Experticity Website, including without limitation the Brand Ambassador Portal, you grant Pit Boss Grills and Experticity, as well as each user of the Experticity Website and/or Experticity Services, including their respective affiliates and licensees, a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to access, use, copy, publicly perform, digitally perform, publicly display or otherwise exhibit and distribute (through multiple tiers) such contributed content, and to transmit, sell, modify, create derivative works from and/or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party. You agree to waive any moral rights that you may have to your contributed content. 

The User Content that you submit is deemed non-confidential and neither Pit Boss Grills, Experticity nor any user of the Experticity Website and/or Experticity Services has any obligation to maintain the confidentiality of any User Content.  

For a complete description of how Pit Boss Grills and Experticity will use and protect your personal information see each company’s respective Privacy Policies.  If you object to your information being transferred or used in this way, please do not use our services and do not post, publish or submit any User Content. 

You represent and warrant to Pit Boss Grills and Experticity that you have the full legal right, power and authority to grant to Pit Boss Grills and Experticity the rights and license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license. You represent and warrant to Pit Boss Grills and Experticity that you will not contribute any User Content that: (a) infringes, violates or otherwise interferes with any intellectual property right of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner's permission to reveal it; (c) infringes on the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. 

You are solely responsible for any User Content that you submit. You may be held legally liable for the User Content that you submit and may be held legally liable if your submissions include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law or other proprietary rights without permission of the author or owner. 

Pit Boss Grills and Experticity (and users of the Experticity Services) are not obligated to use any User Content submitted by you in any manner. 

Indemnification
 

You agree to indemnify, defend and hold harmless both Pit Boss Grills and Experticity (“Indemnified Party”) against all losses arising out of or arising from any third party claim, suit action or proceeding related to this Agreement related to or arising out of: (a) the breach of this Agreement by you, and (b) any claim of third party intellectual property rights infringement relating to your misuse of Content during the campaign.   

You shall promptly notify Pit Boss Grills and/or Experticity in writing of any action against either Pit Boss Grills or Experticity and cooperate with the either or both parties at your sole expense.  You shall promptly allow either or both parties to select/employ counsel and take control of the defense and investigation of such action and has full authority to enter into a settlement.     

Termination
   You may terminate this Agreement at any time.  Pit Boss Grills, and Experticity acting under the instruction of Pit Boss Grills may at any time and for any reason, suspend or terminate this Agreement and your Brand Portal access.   The provisions relating to Termination, Indemnification and Rights You Grant Us of the Terms shall survive expiration or termination. 

Independent Contractor
 

You expressly acknowledge and agree that you are acting as an independent contractor for the length of the program you are engaged to participate in.   None of the parties to this Agreement shall have any rights to obligate or bind the other in any manner whatsoever.     

Exhibit A     
Pit Boss Grills Social Media Guidelines for Brand Advocates 

Introduction
 

At Pit Boss Grills, we love when individuals discuss, debate, recommend, and embrace our products.  We learn from these conversations and others learn about our products.  However, we want those individuals who participate in conversations about our products to participate in the right way.  These guidelines are designed to provide guidance for our Brand Advocates and are based on Pit Boss Grills’ brand principles as well as federal and state legal requirements. 

Pit Boss Grills (Brand Advocates) 

A Brand Advocate is an individual not directly affiliated with Pit Boss Grills, who speaks, writes or conveys a message or an opinion about Pit Boss Grills or our products and who also has a material connection to Pit Boss Grills.  A material connection is any connection between Pit Boss Grills and the Brand Advocate that could affect the credibility that consumers give to the Brand Advocate.  For instance, a material connection could be the receipt of free product, special access and privileges, discounts and rewards, and/or other monetary or non-monetary incentives.  

If you are a Brand Advocate we ask that you follow these guidelines.  Pit Boss Grills monitors social media related to its business including the activities of Brand Advocates.  

Brand Advocate Guidelines
 When speaking, writing or conveying a message about Pit Boss Grills, Brand Advocates must: ·      

  • Be truthful. Brand Advocates can make truthful statements about their specific experience that is not misleading.  Brand Advocates should not make general claims about Pit Boss Grills’ products and its benefits unless those statements/facts have been provided by Pit Boss Grills.      
  • Use good judgment and be respectful.  Brand advocates should not post materials that are obscene, libelous, hateful, illegal, in violation of a third party’s rights or are harmful.   
  • Make clear disclosures. Brand Advocates have a responsibility to clearly disclose their connection to Pit Boss Grills, every time they speak, write or convey a message about Pit Boss Grills products or those of a competitor.  Specifically, Brand Advocate disclosures must: 
    • Be easy to view and read (in a font size and color that is readable and conspicuous and not hidden deep in the page); 
    • Be close to each and every statement(s) the disclosure modifies; and 
    • Clearly disclose the nature of the relationship with Pit Boss Grills (such as that you received free product).

Material Disclosure Best Practices
 The following is a list of sample disclosure language by platform.  This information should be readily apparent to the public and to readers/viewers/listeners of your content.  Alternative, but materially similar language may also be used where appropriate. 

Personal and Editorial Blogs
Commenting on Online Discussions and/or Reviews
Product Review Blogs*
 ·      

  • I received [product, sample, information, invitation to an event] from Pit Boss Grills.      
  • Pit Boss Grills gave me [product, sample, information]. ·      
  • I was paid by Pit Boss Grills. 

Microblogs (e.g., Twitter)
 
Because microblogs have a character limitation, it is important to include #PitBossNation in every post you make about Pit Boss Grills products indicating that you are a member of the Pit Boss Grills’ Ambassador program and use #AMBSDR in every post when there is a material connection such as free product/discount/coupon/ a chance to win a prize. 

Status Updates on Social Networks
 
Follow the guidance for Microblogs if there is a character limitation, otherwise, follow the guidance for Personal and Editorial Blogs.  As mentioned above, disclosures should appear close to the statement which the disclosure modifies.  In addition, Pit Boss Grills recommends including a Disclosure and Relationship Statement on your profile page. 

Podcasts, Video and Photo Sharing Websites
 
Follow the guidance above for Personal and Editorial Blogs, but include the information as part of the photo/video/audio content as well as part of the written description.  In addition, Pit Boss Grills recommends including a Disclosure and Relationship Statement (use of #PitBossNation) on your profile page. 

*Disclosure and Relationship Statements
 
Pit Boss Grills highly recommends that Brand Advocates who use platforms with character limitations/video or audio, who are engaged by Pit Boss Grills on an on-going or regular basis, and/or who provide regular product reviews include on their platform profile page a “Disclosure and Relationship Statement” that clearly describes their relationship to Pit Boss Grills.  Note, however, this disclosure is meant as a supplement, not a replacement, to the other disclosures noted above.