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EF Ultimate Break Brand Ambassador Program Terms & Conditions

By participating in the EF Ultimate Break Brand Ambassador Program (the "Brand Ambassador Program"), I am agreeing to the following Terms and Conditions (the “Terms”) and agreeing to act as a Brand Ambassador. If I do not understand or do not agree to any of the following terms, I will not participate in the Brand Ambassador Program.

All EF Ultimate Break tours are operated outside of the U.S. by EF Education First International Ltd., Switzerland. EF Institute for Cultural Exchange, Inc. is a marketing service provider for that company and is referred herein together with EF Education First International, Ltd. as “EF Ultimate Break.”

The Brand Ambassador Program

Ultimate Break Brand Ambassadors will promote EF Ultimate Break and its trips to build brand awareness through reaching new audiences. Brand Ambassadors are encouraged to use a variety of methods to boost online bookings (restrictions outlined in this agreement). They may offer their Brand Ambassador discount to friends, family and followers through the promotion and use of unique Brand Ambassador codes.

Eligibility

To participate in the Ultimate Break Brand Ambassador Program, you must meet the following requirements:

  1. You must be 18 years or older.
  2. You must have and actively use at least one social media channel (Instagram, Facebook, Twitter, YouTube, etc.).
  3. You must remain at all times in compliance with all applicable federal and state laws, these Terms and all applicable industry guidelines and media channel terms of use.
  4. You must read, understand and agree to the EF Ultimate Break Booking Conditions and the EF Ultimate Break Privacy Policy.

EF Ultimate Break reserves the unconditional right to accept or deny any Brand Ambassador.

Term

The Brand Ambassador Program is based on a 6-month booking period (the "Term"). The Term begins when you enroll in the Brand Ambassador Program. All Travel Credits earned during the Term must be applied to a trip booking within 3 months of the end of the Term and travel must occur within 12 months of the end of the Term.

Accruing Travel Credits

During the Term, you will receive a $100 travel credit ("Travel Credit") for each new customer who books and travels on a trip using your unique Ambassador discount code. Travel Credits may be used towards an EF Ultimate Break trip. If 20 people book trips using your code, then you are eligible for an EF Ultimate Break trip, please see limitations below. If less than 20 bookings are received, you earn a credit of $100 for each booking (e.g. 5 new customers = $500 towards an EF Ultimate Break trip).

The following terms apply:

  1. The Brand Ambassador discount code cannot be used in conjunction with "REPEAT" discount code or any other referral discounts.
  2. The Brand Ambassador code may be used by an unlimited number of new customers as set forth in these terms. EF Ultimate Break reserves the right to disable the Brand Ambassador code at any time in accordance with this agreement.
  3. Only trips booked with the unique Brand Ambassador code will result In a Travel Credit for the Brand Ambassador.
  4. Travel Credits will not be earned for any sales or bookings that are attributed to spam or credit card fraud.
  5. If a sale is cancelled or refunded for any reason, any Travel Credit arising out of that sale will become void.

Trip Eligibility

Once the Brand Ambassador has 20 Ultimate Break tour bookings attributed to your unique Brand Ambassador code you will be eligible for an Ultimate Break trip up to $4000 (retail value). If you would like to book a trip over $4000, you will be responsible for paying for any additional cost. It is the Brand Ambassadors responsibility to contact EF Ultimate Break to redeem any trip eligibility by selecting and enrolling on a tour.

The following terms apply:

  1. Brand Ambassadors must arrange tour departure dates within 3 months after the end of the Term and complete travel within 12 months from the end of the Term.
  2. Brand Ambassadors are not eligible for more than four EF Ultimate Break trips in any 12-month period.
  3. Neither trip credits nor full trip eligibility is transferable and cannot be exchanged or redeemed for monetary value. The Brand Ambassador will not receive compensation for any travel credit in any circumstances including but not limited to unclaimed earned trips or if the Brand Ambassador is unable to travel.
  4. Travel Credits and full trip eligibility does not apply to optional excursions, the Global Travel Protection plan, visas, gratuities, or personal spending costs. Any additional fees or expense must be paid by the Brand Ambassador. Exclusions for specific EF Ultimate Break tours may apply. Please see website for more information.
  5. The Brand Ambassador will be expected to share marketing content taken during the EF Ultimate Break tour with EF Ultimate Break including by not limited to images, videos and blogs.
  6. The Brand Ambassador must acknowledge and agree to all terms outlined in the EF Ultimate Break Booking Conditions, including a Release and Agreement.

Tracking and Payment

EF Ultimate Break's booking records are final, and credit will be applied solely based on these records.

While EF Ultimate Break makes every reasonable effort to accurately track and credit all Brand Ambassador sales, EF Ultimate Break is not responsible for, nor under any circumstances will be held liable for, any technical difficulties, outside events or other uncontrollable events that may disrupt or interfere with EF Ultimate Break’s ability to track sales or award earned trips.

Intellectual Property Rights and Restrictions

The Brand Ambassador may not use any copyright, trademark or other EF Ultimate Break branding without written permission from EF Ultimate Break. In some circumstances EF Ultimate Break may provide you with digital recordings, images, text, logos, designs and other content (collectively, “Our Content”).

You may use Our Content only in connection with the purpose for which it is provided to you as indicated by EF Ultimate Break, and solely for the purpose of promoting EF Ultimate Break, the EF Ultimate Break products and services under this agreement and for no other purpose without prior written consent. You agree to promptly cease the publication of Our Content and/or return Our Content to EF Ultimate Break upon notice. Nothing in this Agreement shall be construed to transfer ownership of or grant a license, except as explicitly set forth herein, to any intellectual property of EF Ultimate Break.

Always credit your sources with proper attribution such as text links to the original source next to the image or text. EF Ultimate Break reserves the right to edit any and all content you provide.

The Brand Ambassador may not:

  1. Use any of Our Content for any other purpose than to promote EF Ultimate Break and its products.
  2. Distribute any of Our Content to a third party without EF Ultimate Break's prior written consent.
  3. Use EF Ultimate Break branding on you own personal website or profile in any way that would confuse customers or the general public as to who is hosting or promoting such a website.
  4. Conduct any paid marketing, enter into agreements with any referral services or seek to purchase any keyword or search terms related to EF Ultimate Break’s trademarks or names of EF Ultimate Break’s primary competitors, unless otherwise agreed by EF Ultimate Break.

Except as set forth above, EF Ultimate Break claims no ownership over the videos, photos or any content submitted, posted or displayed by you on or through your websites, or social media. You or a third party licensor, as appropriate, retain all patents, trademarks and copyright to any content you submit, post or display and you are responsible for protecting those rights, as appropriate.

You hereby grant us a perpetual worldwide, irrevocable, exclusive, royalty free license to use, display, reproduce, modify, publish and distribute the videos, your posts, photos or other work you create under this agreement for any and all purposes, including, but not limited to, advertising, promoting, and distributing our products and services in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval. We further reserve the right to refuse to accept, post, display or transmit any content in our sole discretion. Any statements, posts and/or feedback that you provide may be paraphrased, amplified, shortened and/or put into conversational form. You understand and agree that EF Ultimate Break may contact (including by means of messages on public social media platforms) you about any EF Ultimate Break related content.

Brand Ambassadors acknowledge that participation in the Brand Ambassador Program means EF Ultimate Break can use your EF Ultimate Break related content and include your name/likeness/social media handle or channel/blog name and any other Brand Ambassador attributes in any manner that EF Ultimate Break determines supports the purposes of the Brand Ambassador Program, including use in any media that accepts advertising or promotional content or communications (such as, but not limited to, digital, print, television or radio).

Confidentiality

The Brand Ambassador agrees not to copy, alter, share, use, duplicate, distribute or adapt any of EF Ultimate Break’s confidential information that comes into your possession in relation to this agreement and the Brand Ambassador Program.
Confidential information includes, but is not limited to, the following types of private information: shared folders, ideas, media including images and videos, information sheets and presentation materials, presentation content, business processes, marketing strategies, marketing copy and other similar information that is proprietary to and confidential information of EF Ultimate Break.

Non-Disparagement

You agree not to make false, misleading or disparaging statements about EF Ultimate Break or its subsidiaries, customers, affiliates, officers, agents, employees or contractors.

Relationship of the Parties

You are an independent contractor and are not an employee of EF Ultimate Break. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between you and EF Ultimate Break. You are solely responsible for, and shall pay, any and all taxes and withholding that may be assessed as a result of this agreement. You do not have, nor shall you hold yourself out as having, any right, power, or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or binding upon EF Ultimate Break or our subsidiaries, affiliates, officers, agents, employees and contractors.

Termination

The relationship between the parties may be terminated by either party with written notice at any point or by the Brand Ambassador ceasing to participate in the Brand Ambassador Program. If EF Ultimate Break terminates this agreement, Brand Ambassador will immediately cease any promotion, and all earned trip credits will become void. Upon termination, it is understood that the Confidentiality, Indemnification, and Dispute Resolution provisions in this agreement will remain in effect.

You understand and agree that if any of your communications associated with or for this Brand Ambassador Program (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, the Brand Ambassador will be deemed, at the sole discretion of EF Ultimate Break, ineligible to participate in the Brand Ambassador Program. The Brand Ambassador may be immediately removed from any & all promotions and will be in violation of this agreement.

EF Ultimate Break reserves the right to revoke the Brand Ambassador’s participation In the Brand Ambassador Program at any time and for any reason.

Release and Indemnification

I agree to release and agree not to sue EF Ultimate Break (including its affiliates) for any and all claims, of any nature related in any manner to my participation in the Brand Ambassador Program. I hereby unconditionally and unequivocally waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorneys’ fees) on account of or arising out of any and all claims, losses or other damage that I may suffer from any cause whatsoever related in any way to my participation in the Brand Ambassador Program. I further agree to release EF Ultimate Break from any and all decisions to cancel or modify the Brand Ambassador Program due to unforeseeable events that are beyond the reasonable control of EF Ultimate Break.

You agree to hold harmless and indemnify us, our subsidiaries, affiliates, officers, agents, employees and contractors from and against any third-party claim arising from or in any way related to your participating in the Brand Ambassador Program, any videos, photos, your blogging, tweeting and/or posting of content, including but not limited to any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees of every kind and nature.

Under no circumstances will EF Ultimate Break be responsible for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Brand Ambassador’s participation in this program.

Dispute Resolution

Any dispute or claim arising out of or relating in any way to EF Ultimate Break, It’s affiliates or the Brand Ambassador Program shall be exclusively resolved by final and binding arbitration under the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures. THE PARTIES FURTHER AGREE THAT ALL COVERED DISPUTES BROUGHT AGAINST EACH OTHER WILL BE ARBITRATED EXCLUSIVELY ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS ACTION ARBITRATION, A COLLECTIVE ACTION ARBITRATION, OR ON A GROUP, REPRESENTATIVE, CONSOLIDATED, OR JOINT BASIS. YOUR ARE GIVING UP YOUR RIGHT TO PARTICPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER FOR ANY CLAIM COVERED BY THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY OF A COVERED DISPUTE OR TO HAVE A COVERED DISPUTE BE DECIDED BY A COURT OR JURY. With the exception of any of the language related to the waiver of class and representative actions, if any part of this Dispute Resolution section is rendered invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply.

Entire Agreement; Amendments; Severability; Governing Law.

This Agreement contains the entire agreement and understanding between us with respect to the subject matter hereof. This Agreement may only be modified, amended or changed by a writing signed by both of us. If any provision of this Agreement is construed to be invalid or unenforceable, it will be stricken and deleted from the Agreement to the same extent and effect as if never incorporated, but all other provisions of the Agreement which are not deemed invalid or unenforceable shall continue in full force and effect. This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts and the courts located therein shall have exclusive jurisdiction to resolve any disputes.