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AMBASSADOR  AGREEMENT

1. Description of Sponsored Placement and Your Obligations.

You may be selected as an “Ambassador” to receive free books from HarperCollins Leadership related to your interests. If selected, you agree to comply with the obligations set forth in this agreement (the “Agreement”).

You agree to feature the books on your social media accounts. When discussing the books, you agree to prominently and accurately disclose the sponsored arrangement between you and HarperCollins with respect to the books without requiring the user to scroll through the page or link to another page. For example, you must include #ad, #paid, or #sponsored at the beginning of any tweet or other compressed communications. If the post is in video or audio format, these terms will be conspicuously displayed at the beginning and end of the video, and audio and video formats will include in the audio file “sponsored by HarperCollins Leadership” at the beginning and end.

Posts discussing the books will otherwise be consistent with your content posted on your social media accounts.

You acknowledge that HarperCollins has provided you with a copy of any book prior to the date of the post discussing the book.

Promptly after posting, you must send a link to hcleadership@harpercollins.com.

Your statements about the book must reflect your honest opinions and experiences.

You may not make deceptive or misleading claims about HarperCollins’ products or services (or competitors’ products or services).

You may use only original material or material for which you have the written permission of the owner.

You must have a signed release for any individuals included in an audio or video post authorizing the use of their name, likeness and/or voice in the post.

You may not use music in any audio or video post unless all necessary clearances have been obtained.

You must follow the posting policy and terms of use of any site or platform on which you post.

You should familiarize yourself with the following guidance issued by the Federal Trade Commission:

1. 1. Guides on the Use of Endorsements and Testimonials in Advertising, available at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf,
   2. .com Disclosures: How to Make Effective Disclosures in Digital Advertising, available at https://www.ftc.gov/tips-advice/business-center/guidance/com-disclosures-how-make-effective-disclosures-digital, and
   3. Native Advertising: A Guide for Businesses, available at https://www.ftc.gov/tips-advice/business-center/guidance/native-advertising-guide-businesses?u%20%20tm_source=govdelivery.

 

2. Payment.

HarperCollins shall pay you a Fee of zero dollars ($0), and you acknowledge that receipt of a copy of the book is sufficient consideration for your obligations under this Agreement.

 

3. Representations and Warranties; Indemnity.

You hereby represent that: (i) you have the right to enter this Agreement and perform your obligations hereunder; and (ii) you will comply with all applicable laws, rules and regulations relating to the performance of your obligations hereunder, including the FTC’s guidelines cited above.

In the event that HarperCollins determines, in its sole discretion, that the post does not comply with applicable state and federal law or the FTC guidelines, you shall immediately disable and/or modify the post, per HarperCollins’ direction.

You agree to indemnify and hold harmless HarperCollins and its officers, agents, employees and affiliates from any and all claims, damages, losses, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees) arising out of or based on any of your posts arising from this Agreement.

 

4. Relationship of the Parties.

Nothing contained in this Agreement will be construed as creating a joint venture, partnership or employment relationship between the parties hereto, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other. At all times the relationship of the parties shall be independent contractors with respect to each other. You shall be responsible for paying all taxes and other payments and withholdings required under the relevant federal, state and municipal laws with respect to all sums paid to you hereunder.

 

5. Termination.

HarperCollins reserves the right to terminate this Agreement for convenience at any time and without penalty.

 

6. Miscellaneous.

• This Agreement shall be governed by New York law. In the event of any dispute arising under or concerning this Agreement, the state courts of the State of New York shall have exclusive jurisdiction and you agree to be subject to the personal jurisdiction of such courts.
• This Agreement expresses the entire understanding of the parties and cannot be amended except by a written instrument signed by both parties. Without limiting the foregoing, this Agreement cannot be modified by any invoice, confirmation, or delivery memorandum.