Ambassador Terms & Conditions

If you are an ambassador on Dhukaan, then these are the rules of which you must comply with.

Your access to and use of Dhukaan is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use Dhukaan, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use Dhukaan.

Dhukaan may at any time revise these Terms of Use by updating this page. Revisions will take immediate effect and may affect your ability to use the Dhukaan. Since you are bound by these Terms of Use each time you use Dhukaan, you should check these Terms of Use for any revisions each time you use the Dhukaan Platform and wherever prompted to do so. Your use of Dhukaan following the posting of any revisions to these Terms of Use constitutes your acceptance of those revisions.

Dhukaan has created the platform to allow shops and ambassadors to interact, form relationships and create and distribute sponsored Posts through the Ambassador’s Channels (Twitter, Instagram, Snapchat, YouTube and/or Facebook) subject to compliance with these Terms of Use.

If you wouldn’t recommend the shop for free – don’t recommend it for money.  If you’re seen to be recommending competing shops in quick succession or over-populating your feed with sponsored posts, you’ll lose credibility with your community.

 

Ambassador Eligibility

Any person over the age of 16 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register an Ambassador Account, but in order to participate in any Campaigns and earn compensation via the Dhukaan, Ambassadors must meet the following minimum standards:

at least organic 2000 followers on the ambassadors Channels;

Ambassador’s Channels must be public (viewable by anyone); and

Ambassador’s Channels may not contain content that is contrary to these Terms of Use or to the terms of use of the relevant social media platform of the Ambassador’s Channels.

Ambassadors must not misrepresent the size of their audience or their numbers of followers or engagement. Followers must be obtained organically and not through unethical or unsportsmanlike behavior such as (but not limited to), purchasing followers, likes or engagement. In the event that Dhukaan suspects (in its sole discretion) that ambassadors are not complying with the requirement for followers to be authentic and organically grown, Dhukaan reserves the right to remove ambassadors from the Platform.

 

Posting

Ambassadors must clearly disclose in sponsored Posts their relationship with the Shop. Dhukaan requires that you make such disclosures in such a way so that it is clear to the ordinary consumer viewing your Channels that there is a commercial relationship between Ambassador and the Shop. This may be achieved through the use of hashtags such as #advertisement or #ad or through other means suitable to your particular circumstances, Community and Channels. Dhukaan reserves the right, but is in no way obliged, to review and monitor the disclosure practices of all ambassadors in relation to particular Posts or your Channels generally and to require greater levels of disclosure (at Dhukaans sole discretion) in particular Posts or across your Channels generally or, if you do not agree to the required levels of disclosure, to remove you from Dhukaan.

You warrant, in respect of each Post you upload to the Application, submit to a Shop for approval, or publish to a Channel via the Dhukaan Platform, that:

  • you are aged over 16 years or over 13 years and have your parent or legal guardian’s consent;
  • you own the Intellectual Property Rights in the relevant Post and have the right to licence the Post to Dhukaan and the Shop.
  • All imagery submitted must be owned and captured by you, unless otherwise directed by the shop.
  • the relevant Post does not violate the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity;
  • the relevant Post does not contain any misrepresentation or suggestion that you or any entity has the approval or sponsorship of any other entity which you or it does not have;
  • any and all opinions and views stated in the relevant Post are genuinely held by you;
  • and any and all statements in the relevant Post regarding your use and experience of the Shop or the Shop’s products or services are true and correct and representative of your opinion regardless of whether you are paid for such content or not, and fairly represent your use and experience and you will promptly notify Dhukaan if your opinion of the Shop changes from that which you have expressed to date;
  • the relevant Post does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • the relevant Post is original and does not contain materials that have been previously broadcast, streamed, published or otherwise communicated to the public by you in any way and does not contain materials that have been used in previous marketing materials or promotions for any third party or which otherwise infringe the rights of any third party;
  • if the relevant Post contains images or references to third parties or third party property, that the third party (or third party property owner) has been informed and agrees in writing that such images or references may be used by the Shop in accordance with these Terms of Use without remuneration or compensation to the third party (or third party property owner) for the purpose of promoting the Shop; and
  • the mere use of the Post and the exercise of the Intellectual Property Rights in the relevant Post by the Shop and Dhukaan will not infringe any legal rights, copyright or other Intellectual Property Rights of any person or entity nor give rise to a liability to pay compensation.
  • the post must fully comply with the Campaign Rules;
  • the Ambassador must have posted on his or her own public social media accounts;
  • the Ambassador must leave the post on their social media accounts for at least 48 consecutive Business Day hours and on the top of your feed for a minimum of 5 hours on your platform unless agreed otherwise; and
  • and shop, has within 48 Business Day hours after the post goes live, to make an objection towards to the post on the grounds that it does not comply with the Campaign Rules.
  • Shop may, in its sole discretion, arrange to send an Ambassador a sample product. Ambassador may request a Shop to send a sample product, but Shop is under no obligation to do so. Dhukaan will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Shop to an Ambassador. Address provided by Ambassador through the Dhukaan Platform is not verified by Dhukaan;
  • if Shop sends a sample product to an Ambassador, there is no guarantee that the Ambassador will submit a Post about the product or that any post submitted will be positive. All product reviews must reflect the Ambassador’s genuinely held beliefs;

 

 

Intellectual property rights

The parties agree that, all Intellectual Property Rights and all other rights in the Platform and the Platform Content belong exclusively to Dhukaan. Except as expressly set out in this agreement, the Shop Owner has no rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Platform and/or the Platform Content.

The parties agree that all Intellectual Property Rights and all other rights in the Campaign Materials shall belong exclusively to the Shop. The Shop grants Dhukaan a royalty-free, non-exclusive, non-transferrable licence to publish the Campaign Materials and the Shop Name on the Platform for the purposes of this agreement.

Dhukaan shall procure from each ambassador a royalty-free, non-exclusive, irrevocable, perpetual licence for the Shop to post the Ambassadors post on all digital channels, including but not limited to the Shops social media accounts, for use as paid social content, for display on Shops website or as part of e-mail marketing campaigns. Any further use will have to be agreed between the Shop and Ambassador.

As an Ambassador, in respect of each Post, you consent to the relevant Shop and its successors, licensees, and assigns, and anyone authorised by them, changing, copying, adding to, taking from, adapting or translating, in any manner or context or doing any other act in respect of the Post notwithstanding that such conduct may infringe your moral rights or performer’s rights (or similar laws in any territory or jurisdiction) in the Post, and, to the extent possible, your grant a waiver of all moral rights and performer’s rights in each Post.

As an ambassador do not create content that is parody, disparage, give any adverse comment or make fun of the Shop or its products of services generally in any way;

As an ambassador do not create any contextual or surrounding posts or other material on a Channel that in any way detracts from, dilutes the effect of, or undermines a Post or the Shop or its products or services; and

grant any further rights in a Post to a Shop without the written permission of Dhukaan and appropriate fees being negotiated on a reasonable basis. Dhukaan will charge a reasonable service fee for negotiating any use extensions between you and a Shop; and

 

DISPUTES

You acknowledge and agree that the Shop and Dhukaan has the right at any time to moderate any Post after publication to a Channel and that you will immediately make any reasonable modification or amendment requested by Dhukaan or the relevant Shop to the Post, subject to compliance with these Term

You acknowledge and agree that the Shop and Dhukaan has the right at any time to request that you remove any approved Post from you Channels and that you will comply with such a request immediately upon receipt of notification, subject to Payment in full to you of the Post Fee in accordance with these Terms of Use.

Dhukaan and the relevant Ambassador and Shop acknowledge and agree that any necessary public relations announcements regarding the removal or modification of a Post, as the case may be, will be agreed by Dhukaan and the relevant Ambassador and Shop before publication.

Payment

The Ambassadors Fees shall be payable by Dhukaan   Dhukaan shall add applicable VAT to the sums payable under this agreement at the prevailing rate.

Ambassadors and Shops agree that they will not attempt to negotiate terms or payment with each other outside of Dhukaan. Without limiting any other rights or remedies available to Dhukaan, any attempt to circumvent the Platform may result in removal from the Dhukaan Platform at Dhukaans sole discretion.

You are solely responsible for your interactions with other users of the Dhukaan Platform. You agree that Dhukaan is not responsible for the conduct of any user.

Once a Post has been approved by a Shop, you are required to publish the Post to your relevant Channel in the manner required within 48 hours of the Post being approved. You will not have an opportunity to edit a Post after a Shop has approved the Post. You agree you are solely responsible for the publication of Posts.

Before receiving any Payments, you will be asked to provide financial details including your nominated bank account or PayPal account details, whether or not you are registered VAT number (if applicable) and any further required details.

After an approved Post is published, you will be entitled to be paid the Post Fee, subject to your compliance with these Terms of Use and the House Rules. If you do not comply, you will not be paid.

Dhukaan will pay the Post Fee into your nominated bank account or PayPal account (as supplied by you via the Application in the manner required) on behalf of the Shop by Electronic Funds Transfer within 14 days after payment has been received from the Shop. You are responsible for the accuracy of your nominated bank account or PayPal account details.

You acknowledge and agree that the relevant Shop, not Dhukaan, will be solely liable for Payment of the applicable Post Fee.

Dhukaan merely facilitates such Payment on behalf of the Shop and, while Dhukaan may remit payment to the Ambassador directly to the account details provided by Ambassador, under no circumstances does Dhukaan accept liability for Payment of the Post Fee. You agree that you will not pursue any actions, legal or otherwise, against Dhukaan for any non-payment, and that this provision constitutes a bar to any such proceedings.

Ambassadors may also be working on a commission structure, a breakdown of the sales made are displayed in there dashboard.  Commissions due are made 14 days after the item has been shipped by the shop.

 

Ambassador Relationship with Dhukaan and the Shop

As an Ambassador, you will at all times perform your obligations and provide Posts to Dhukaan and the Shop as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither Dhukaan nor the Shop will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either Dhukaan or the Shop, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions.

Dhukaan reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion. Any decision of Dhukaan is final and no correspondence will be entered into.

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