MYOKEM BRAND AMBASSADOR GUIDELINES

Myokem actively supports the advertising and promotion of its products by selected and respected members of the health, wellness and fitness community. This agreement outlines the terms and conditions of your relationship with Myokem as a United States based Brand Ambassador.

By applying to become a Brand Ambassador for Myokem, you agree to the following terms:

1. Endorsed Products:

Endorsed products are products sold under any of the Myokem family of brands, including all of the Myokem brand names.

2. Ambassador Requirements:

Your requirements as a Brand Ambassador are outlined in the Ambassador Requirements section that was presented to you in your online application and is hereby incorporated into this agreement by reference.

• Ambassador agrees to represent the Myokem brand as outlined herein. This includes a positive, supportive attitude about the products, the formulas and overall franchise.
• Ambassadors are required to generate social media posts including pictures and or videos, using Myokem product. Ambassador will use their social media efforts to promote fitness activity in some form about the brand, individual Myokem products, ingredients and/or any other relevant information. Ambassador will be required to post to their social media account (Instagram, Facebook, or Twitter) 4 times per month featuring/using Myokem product and wearing provided Myokem apparel, with at least one post as a video.
• Ambassadors will tag @Myokem in all posts and use the hashtags #Myokem #MyokemFam
• Upon acceptance, Brand Ambassadors will receive (1) Myokem T shirt and informational packets on all Myokem products.
• Brand Ambassadors will receive a supplement allowance of $100 per month as a store credit for the purchase of Myokems products on the Myokem.com website. To qualify for the monthly supplement allowance, Ambassador is required to adhere to the social media post requirements outlined above.
• Ambassadors are responsible for any expedited or international shipping costs as well as any incurred customs/import fees.
• Ambassadors who do not follow the requirements can be subject to termination, suspension or their supplements or commissions being held until all requirements are followed.

3. Contract Territory:

You will be a United States based Brand Ambassador, the territory for a U.S. Brand Ambassador shall be within the United States exclusively and all U.S. territories.

4. Exclusivity:

You agree that you will not endorse any other supplement company as a Myokem Brand Ambassador.

5. Use of Endorsed Products:

You acknowledge and agree that you have read all product warning labels, that you are over the age of 18, and you have no medical condition that prevents you from taking our product. All products provided as part of this relationship may not be re-sold.

6. Promotion of Endorsed Products:

You agree to use your best efforts to promote the Endorsed Products in a manner consistent with its authorized use and as outlined on product labels. Approved social media sites include Facebook, Twitter, Instagram and YouTube. You are required to notify Myokem of the social media outlet you use and add Myokem as a friend/follower. You will be notified of any additional approved social media sites as they become available.

7. Prohibited Content:

Ambassador agrees that they will not post content on any social media platform, as determined by Myokem in its sole discretion, that:

• is pornographic, sexually explicit or suggestive, or contains profanity or nudity;
• is unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
• makes product claims consistent with Myokem product claims and will not make any false statements or claims about Myokem products.
• speaks negatively about Myokem or any other supplement company
• promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
• promotes any activities that may appear unsafe or dangerous;
• is obscene or offensive, or endorses any form of hate or hate group;
• defames, misrepresents or contains disparaging remarks about other people or entities;
• communicates messages or images inconsistent with the positive images and/or good will with which Myokem wishes to associate;
• violates any law.

8. Indemnification:

You agree to hold Myokem, its officers, agents, assignees and employees harmless for any liability from any injury or damage arising from the use or promotion of any Endorsed Product.

9. Relationship:

You are an independent contractor; this agreement shall not be construed as creating an employer/employee relationship.

10. Confidentiality/Use:

Occasionally we may share information with you that is confidential in nature, such information will be identified as confidential and you are expected to maintain this information in the strictest confidence. Any disclosure of confidential information will terminate this agreement and result in legal action.

11. Intellectual Property:

Ambassador acknowledges and hereby agrees to grant Myokem, the unlimited and unencumbered use of any and all work product developed by Ambassador in conjunction with the performance of services for Myokem. Work product includes but is not limited to all social media posts, pictures, images, videos, recordings, taglines, hashtags, posts, commentary, and designs.

1. Except where prohibited by law or regulation, Ambassador grants Myokem and its successors, assigns, licensees and designees permission to use Ambassador’s name, Social Media Platform account name, photograph (including, but not limited to, Social Media Platform account profile photo), voice and/or other likeness, in all media now known or hereafter discovered (including, without limitation, on Myokem websites and via Myokem’s Social Media Platform accounts), worldwide in perpetuity, for any purpose without additional compensation, consideration, notification or consent.
2. Ambassador is not authorized to use any copyrighted content from any other companies to promote the Myokem brand. Myokem will not be responsible for any disputes involving the unauthorized use of any other company’s intellectual property.
3. Term and Termination:

The effective date of this agreement is the date when agreement is accepted with the Ambassador application and the checkbox accepting the Terms and Conditions is checked by the Ambassador applicant. The term of this agreement is one (1) year from the effective date. This agreement will automatically renew at the end of each term for successive one (1) year terms unless either party gives the other written notice of termination at least 30 days prior to the end of the relevant term. Notwithstanding the foregoing, either party may terminate this agreement at any time, with or without cause.

13. Governing Law:

This Agreement shall be construed in accordance with the laws of the State of Pennsylvania. In the event that arbitration is unsuccessful, you agree to submit to venue and personal jurisdiction in any state or federal court sitting in the County of NORTHAMPTON, State of Pennsylvania in any action or proceeding arising out of or related, directly or indirectly, to this agreement.

14. Commission & Supplement Credit:

Ambassador will receive a monthly stipend of $100 worth of Myokem supplements in exchange for social media posts. Supplements will be awarded as a store credit on our online store at Myokem.com (U.S. Ambassadors only. Ambassadors outside the U.S. will be shipped supplements directly from a local distributor in their respective country) and each Ambassador that satisfies their social media post requirements will receive a monthly credit of $100 towards this allowance. Monthly supplement allowance for U.S. Ambassadors must be redeemed within the calendar month of each award and will not accumulate or be credited for future months.

15. Removal:

We reserve the right to remove any ambassador from our Brand Ambassador Program.

16. Modification:

We may change the terms and conditions of this Agreement in the future. Unless this Agreement or applicable law specifies otherwise, we will give you thirty (30) days prior notice of any significant change to this Agreement. If you find the change unacceptable, you have the right to terminate the Agreement. However, if you continue to receive the benefits of the Agreement after the end of the notice period of the change, you will be considered to have accepted the changes. You may not modify this Agreement by making any typed, handwritten, or any other changes to it for any purpose.

17. Entire Agreement:

This agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether written or oral, between the parties.