Terms of service | Hush Creators

Hush Creators

Thank you for your interest in becoming a hush brand ambassador!

Please read the following terms and conditions of this Agreement carefully as they contain important information about your rights and responsibilities when you agree to submit your application to be a brand ambassador. Please only submit an application if you agree to be bound by the terms and conditions of this Agreement, the Duel terms, Duel privacy policy and hush privacy policy.

Once you submit your application, your account will go through an approval process. We're only taking on a small number of Ambassadors therefore we’re not able to accept all applications, and so you may not be accepted at this time. If your application is approved, you will be given access to the Ambassador platform where you will register and find all the Programme activities and rewards.

If you have been unsuccessful with your application, the Agreement shall terminate save for the following clauses which shall continue to apply clauses 1, 2, 9.2, 11, and 15.

You may contact us at press@hush-uk.com at any time if you have any questions about the terms and conditions of this Agreement.

Agreement between hush creator (“Ambassador” “you” and “your” shall be construed accordingly) and hush homewear ltd (“Brand”, “we”, “us”, or “hush” and “our” shall be construed accordingly)

The Parties

hush homewear ltd, a company registered in United Kingdom under 04791362 whose registered office is at Maritime House, Old Town, Clapham, SW4 0JW and
Name of Ambassador as per profile

1 Meanings

1.1 The defined terms in this Agreement shall have the following meanings:

“Agreement” means the binding agreement between you and us which is made up of these terms and conditions.

“Application” shall have the meaning given in clause 2.1.

“Commission” shall have the meaning set out in clause 5.4a.

“Commission Terms” means the terms set out in clause 5.4.

“Content” shall have the meaning given in clause 3.3.

“Creative Requirements” means those requirements set out in clause 4.1.

“Discount” means the discount applicable to the tier which applies to the Ambassador (if any).

“Duel” means Daredevil Project Ltd, trading as Duel, of 2nd Floor, 201 Haverstock Hill, London NW3 4QG

“Gift Voucher” shall have the meaning given in clause 5.5.

“Intellectual Property Rights” means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Perks” means the relevant perks appliable to the tier which applies to the Ambassador (if any).

“platform” means the online platform provided by Duel enabling Ambassadors to engage in promotional activities and receive commission payments.

“Programme” means the brand ambassador program, hush creators.

“Style Challenges” shall have the meaning set out in clause 3.3.

“tier” means the membership tier applicable to the Ambassador based on the number of points they have earned from Style Challenges. Details of the different tiers and entitlements are set out on the platform or as may be changed or modified in accordance with clause 5.4(e).

1.2 In this Agreement, unless the context otherwise requires “including” means “including without limitation” and “include” shall be construed accordingly.

2 Membership of the Ambassador Programme

2.1 You may apply to become an Ambassador to the Programme by submitting an application form on our website at https://hushlife.hush-uk.com/creators/create (Application) if you satisfy the criteria set out in clause 2.2.

2.2 To become an Ambassador, you must: have over 1,000 followers on your Instagram or TikTok account; have a public Instagram or TikTok account; and be over 18 years of age and you agree to provide the Brand with identification to confirm your age if required to do so by the Brand.

2.3 Submitting an Application and satisfying the criteria in clause 2.2 does not mean you are entitled to join the Programme. we carefully review each and every Application before accepting a new Ambassador and we reserve the unconditional right to refuse or cancel your membership at any time if we reasonably consider your account does not meet the criteria in clause 2.2, we in our absolute discretion think you are not a good fit, there are no more places available in the Programme or for any other reason.

2.4 Prior to being accepted onto the Programme, these terms and conditions apply to you on the basis relevant to your Application only. You will not be entitled to any rewards or perks in accordance with clause 4 unless or until you are accepted onto the Programme.

2.5 If you are not accepted onto the Programme the Agreement shall terminate in accordance with clause 12 subject to the following: the following clauses shall continue in force: clause 1, clause 2, clause 9.2, clause 11 and clause 15; the following clauses shall apply to you:
a. you undertake that you shall not at any time disclose to any person any confidential information concerning the business affairs of hush, the Application process, the Programme or any other confidential information provided to you by Hush for a period of 3 years from the date of the decision by hush to refuse your membership to the Programme and we reserve all our rights and remedies in connection with the duty of confidentiality under this clause 2.5a; b. you shall not publish anything deliberately or negligently disparaging or defamatory about hush; and c. you shall not do anything deliberately or negligently which shall affect the reputation or goodwill of hush; and d. termination of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.

2.6 Upon being accepted onto the Programme, Ambassadors agree to provide the Services as an Ambassador set out in clause 2 (Services) on the terms and conditions of this Agreement and the rewards and perks outlined in clause 4 (Rewards & Perks), will be paid and provided in accordance with clause 5.4a below.

3 Services

3.1. Upon being accepted onto the Programme Ambassadors will be given access to the platform as a Green tier member where the Ambassador shall complete Green tier Style Challenges which shall entitle Ambassadors to points and only on successfully completing all Green tier Style Challenges will the Ambassador have enough points to graduate to the Blue tier to be able to receive rewards and perks. No rewards or perks referred to in this Agreement are available to Green tier members.

3.2 Upon graduating to a new tier and after receiving the Gift Voucher, Ambassadors must post at least once every 30 days on their Instagram Grid or TikTok Grid, featuring and tagging Brand product, to remain in the Programme.

3.3 Hush shall provide details of style challenge tasks under the “Style Challenges” tab on the platform (Style Challenges) and Ambassadors agree to create and submit their Style Challenges, in line with the guidelines for the Style Challenge set out in the details provided and submitted within the platform for approval by hush (Style Challenges), and post content on their social channels to promote hush products and interests in line with hush’s Creative Requirements set out in clause 4.1 (Content).

4 Style Challenges and Content

4.1 Ambassadors shall ensure that the Style Challenges and Content are submitted for approval pursuant to clause 3.3 and comply with our Creative Requirements as follows: a. Ambassadors will create original Content using your own, exclusive imagery (not imagery belonging to anyone else). b. The images comprising the Content should be shot in high resolution, clearly display the hush product and tag hush within the Duel platform. c. No other brands will be featured, mentioned, tagged or linked in any of the Content. This includes John Lewis and no other third party content or Intellectual Property Rights (including by way of example, music or other people) in the Content unless you have obtained permission from the owner of the Intellectual Property Rights or third party content. d. No affiliate links, apart from agreed Ambassador affiliate links which are set out in the platform (Affiliate Links) will be used in any of the Content. e. The handle @hushofficial will be included in all social media captions and images comprising the Content. f. The following branded hashtags must be included in all social media content comprising the Content: #myhushstyle #hushcreator g. Content should not be misleading, please give opinions honestly.

4.2 Please be transparent and disclose the below: a. If any payment or gifts of products are received by the Ambassador from the Brand any of the hashtags #gifted, #ad, #advert, #advertising or #adfeature must be included clearly and legibly in all Ambassador Content to comply with all applicable laws, codes of practice and regulations relating to the Services /lawful Vlogging/blogging including (but not limited to) the CAP Code which can be found at URL: https://www.asa.org.uk/codes-and-rulings/advertising-codes/non-broadcast-code.html; and b. If any Affiliate links to the Brand are used by the Ambassador, these must be obviously identifiable as being affiliate links to comply with all applicable laws, codes of practice and regulations relating to affiliate marketing code which can be found at: https://www.asa.org.uk/advice-online/affiliate-marketing.html#social

4.3 Ambassadors also agree that the Content will not include any misleading or incorrect information about the Product being featured, by way of example, Ambassadors will not state that the Product is made of cotton when it is made of linen or that it is suitable to be tumble dried if it is not.

4.4 Once the Content has been submitted as a Style Challenge for approval the Brand will review the Style Challenge submitted and where the Brand considers that the Content meets the criteria for the Style Challenge the Style Challenge shall be posted by the Ambassador and the Ambassador will be awarded applicable points on the basis specified for the Style Challenge on the platform

4.5 Content submitted as part of a Style Challenge must not be removed from the Ambassador’s social channel within 3 months of the initial posting date.

5 Rewards & Perks

5.1 Discount & Free Delivery

Upon successful entry to the Blue tier, or entry to any other tier except for the Green tier , Ambassadors will receive a 20% off discount and free delivery on all orders placed through the hush website https://www.hush-uk.com/ subject to the Discount Terms set out in clause 5.2 (Perks). These Perks will be applied to the Ambassador’s hush online account within three weeks of entering the Blue tier, and will be automatically activated when placing an order on the hush website. The Ambassador must be logged into their hush account when placing an order to benefit from these Perks.

5.2 Discount Terms

The following terms shall apply to any Perks received by the Ambassador (Discount Terms): a. The Perks are for the Ambassador’s personal use only. b. Discount cannot be used on discounted product or on products labelled as “hush loves” products. c. The Perks cannot be used in conjunction with any other offer or discount code. d. The Perks are not to be shared via voucher code websites, nor sold or exchanged for monetary or other value e. The Brand reserves the right to rescind the Perks at any time if we deem these are being misused, or if we discontinue, limit or change the terms of the Programme.

5.3 Commission Terms

Subject to the Commission Terms set out in clause 5.4, Commission will be paid to the Ambassador once you are in the Blue, Lilac, Pink or Gold tier of the Programme (each a “Qualifying Tier” and together the “Qualifying Tiers”). The rates of commission applicable to the Blue, Lilac, Pink or Gold tiers on the , are outlined below: · Blue tier Ambassadors - 10% · Lilac tier Ambassadors - 12% · Pink tier Ambassadors - 14% · Gold tier Ambassadors - 15% The commission rates listed above are applicable to the total of a completed sale of a hush product or products made on the hush website https://www.hush-uk.com/ through an Affiliate Link posted by the Ambassador, that has not been refunded.

5.4 Commission Terms

The following terms shall apply to any Commission received by the Ambassador (Commission Terms): a. The rate of commission payable to the Ambassador will be the rate of the Qualifying Tier applicable to the Ambassador at the time a sale has been completed using the Ambassador’s Affiliate Link (Commission). b. Commission shall not be payable to an Ambassador for a completed sale which has since been fully refunded by hush. In the event of a partial refund, the Ambassador will be paid the Commission on the total value of the completed sale less any refunded product(s). c. Commission shall be paid to the Ambassador on a monthly basis on sales completed and non-refunded via Ambassador Affiliate Link from two months previous (to account for returns and processing), via PayPal. Duel will send payments to the email address used to sign up to the Programme by the Ambassador. Ambassadors must have a PayPal account linked to the email address used to sign up to redeem Commission. d. All Commission payable under this Agreement is exclusive of VAT where applicable. e. We may change or modify rates of Commission, rewards or Perks at any time at our discretion and without any liability or further obligations to Ambassadors. f. Upon signing up to the Programme Ambassadors will have access to a unique dashboard page on the platform to view referrals and pending Commission. g. The Brand uses the services of the Duel to provide the platform to remit Commission, rewards and Perks to Ambassadors. The Brand shall not have any liability, including for any delay in payment of Commission or distribution of rewards and perks as a result of incorrect information provided by the Ambassador on the platform, or support obligations for any issues relating to your account in the platform that are not due to the fault of the Brand. h. The Brand reserves the right to rescind the offer or change the Commission amount at any time if we discontinue, limit or change the terms of the Programme. i. You confirm that you are self-employed and solely liable for all tax due in respect of products you receive under this Agreement and shall indemnify the Brand and keep the Brand indemnified against any proceeding in respect of any non-payment by them in respect of any such tax.

5.5 Gift vouchers To reward Ambassadors for moving to the next tier up in the Programme, the Brand will provide Ambassadors with a £150 gift voucher (“Gift Voucher”) on the following terms: a. Gift Vouchers will be delivered digitally to Ambassadors via the email address used to sign up to the Programme. b. Gift Vouchers will be valid for four weeks only from the date of issue. The expiry date of the Gift Voucher will be stated on Gift Voucher. c. The Brand reserves the right to change the Gift Voucher validity length and value at any time. d. Gift vouchers can only be redeemed online at https://www.hush-uk.com/ and cannot be used in John Lewis stores or John Lewis online. No cash alternative is available.

6 Re-sell

6.1 Products purchased by the Ambassador using the Discount or gift vouchers are for personal or professional use only, and may not be resold or exchanged under any circumstances.

6.2 Any returns will take into account the Discount that was applied.

6.3 If the Brand becomes aware that an Ambassador is re-selling the product(s) the Brand reserves the right to revoke the relevant Discount, gift vouchers and Commission with immediate effect.

7 Rights & Usage

7.1 The Ambassador grants to the Brand a worldwide, royalty free, perpetual, irrevocable license to use the Content on all of our social media channels, on email, on POS, in print and on our website at URL: http://www.hush-uk.com in any and all media, including across paid channels.

7.2 The Ambassador shall provide all consents necessary to enable the Brand to make the fullest use of the Content as stated at clause 7.1 without payment, liability (save as specifically set out in this Agreement) or acknowledgement to the Ambassador.

7.3 The Ambassador acknowledges and agrees that the Brand shall be entitled to edit, copy, add to or adapt the Content at our discretion and hereby irrevocably waive in favour of us, our assignees and licensees the benefit of all moral rights and performers’ rights arising under the Copyright, Designs and Patents Act 1988 or similar rights arising under the laws of any jurisdiction.

7.4 The Ambassador grants the Brand the right to issue publicity relating to the Content and to use and publish for such purposes as the Ambassador’s name, photograph, video or likeness and details about Ambassador for such purposes.

7.5 In the event that the Brand (in our sole discretion) considers that the Content and/or our association with the Ambassador caused by the Content is damaging to the Brand’s reputation, then we may require Ambassadors to take down the Content. Upon receiving such a request from the Brand, the Ambassador agrees to action such request promptly and in any event remove the Content from the relevant websites identified by hush within 1 working day.

7.6 Given the nature of the internet, the Content may be available online after termination. The Ambassador agrees that Brand shall not be responsible for removing any Content from any third party media after termination, or for any use of the Content by third parties either during or after termination.

8 Contractual Promises

8.1 The Ambassador promises and undertakes that: a. you are fully entitled to enter into this Agreement and to grant the rights in the Content granted to us and that you have the legal capacity to enter freely into this Agreement with us; b. the Content is original and will not infringe the copyright or any other right of any third party or be deliberately or negligently obscene, disparaging, defamatory or blasphemous about hush nor breach any contract or law nor breach any duty of confidentiality; c. you shall not do anything deliberately or negligently which shall affect the reputation or goodwill of hush;
d. you are at least 18 years old; and e. you have not, and will not in the future, buy any followers.

9 Intellectual Property & Confidentiality

9.1 The Ambassador shall keep confidential and shall not disclose to any third party any confidential information or other material relating to the Brand’s affairs or personnel, activities, rewards, technical data or other information which come to their knowledge as a result of their membership in the Programme or otherwise during the term of this Agreement and for a period of 3 years after termination of this Agreement.

9.2 Ambassadors agree that all Intellectual Property Rights, including products, marketing campaigns, copy, photographs or other materials used or created by hush in connection with the Services provided as part of the Programme remain the property of the Brand. Ambassadors are permitted to use the Brand’s Intellectual Property Rights for the sole purposes of providing the Services and only as authorised by the Brand. Upon expiry or termination of this Agreement, Ambassadors agree to return or destroy any property or confidential material belonging to the Brand.

10 Exclusivity

This Agreement is a non-exclusive agreement and shall not prevent the Ambassador from performing any services for any other party including, other fashion brands.

11 Liability and indemnity

11.1 Subject to clause 11.3, Ambassadors acknowledge that the Brand shall not be liable for any indirect or consequential loss, arising out of or in connection with their participation in the Programme

11.2 Subject to clause 11.1 and 11.3, the Brand’s total liability to the Ambassador shall not exceed an amount equivalent to 100% of the total amount of Commission paid to the Ambassador.

11.3 Nothing in this Agreement shall exclude or restrict either party's liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from the negligence of that party or of its employees while acting in the course of their employment or for any other liability which cannot be excluded by law.

12 Term and Termination

12.1 This Agreement shall commence on the date you confirm your agreement to the terms and conditions of this Agreement by ticking the “I agree to the terms of service” box where indicated and shall remain in force until the earlier of the date we confirm Your Application to the enter the Programme is unsuccessful and the date the Ambassador ceases to be a member of the Programme, requests removal from the Programme or until the Agreement is otherwise terminated for reasons as provided for in this clause 12 (Termination).

12.2 The Brand is entitled to terminate this Agreement on immediate written notice to the Ambassador where: a. the Ambassador fails to provide the Services and/or the Ambassador materially breaches any of their obligations/promises. b. the Brand reasonably believes that continued affiliation with the Ambassador may cause reputational damage to the Brand. On termination of the contract for this reason, the Brand shall be entitled to require the Ambassador to cease posting (and remove existing) content portraying the Brand's merchandise or to tag/mention the Brand on any social media channels.

12.3 The Ambassador may request to leave the Programme and for the Agreement to be terminated at any time via the support section within the Ambassador platform.

13 Privacy

13.1 For the purposes of this clause 13, the following terms shall have the following meanings:

“Data Protection Laws” means (i) the Data Protection Act 2018, (ii) UK GDPR, (iii) the Privacy and Electronic Communications (EC Directive) Regulations 2003, and (iv) all English laws concerning privacy, confidentiality or the processing of personal data

“personal data” and “processing” shall have the meanings given in the UK GDPR.

“UK GDPR” means the General Data Protection Regulation (EU) 2016/679 as incorporated into English law and modified by the Data Protection Laws, and as interpreted and applied under English law.

13.2 The Ambassador agrees to the Brand holding and processing its personal data (as defined under the UK GDPR) in connection with the Programme (including any application to be entered onto the Programme).

13.3 We shall comply with the Data Protection Laws in force from time to time relating to the use of personal data. For more information regarding how we use, store and share hush Ambassadors’ personal data, please read our hush Privacy Policy.

13.4 The platform is run by Duel under the Duel terms of service and privacy policy.

13.5 The Ambassador acknowledges and agrees that you shall comply with your obligations under the Data Protection Laws relating to the processing of personal data to the extent you process the personal data of third parties when providing the Services.

14 Relationship of Parties

Nothing in this Agreement shall create an employment relationship between the Ambassador, its agents or employees and the Brand.

15 Law and Jurisdiction

15.1 Ambassadors and the Brand agree that this Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England.

15.2 Ambassadors and the Brand irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

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