Pregnancy Skincare Brand Ambassador Terms

Welcome to The Spoiled Mama Family! We are so happy to have you as a part of this Ambassador Program for this collaboration.

The Spoiled Mama Brand Ambassador Program partners with pregnancy, postpartum, breastfeeding, Mama, beauty, skincare, and lifestyle creators who want to share thoughtful products and authentic content with their communities.

To begin our collaboration, please let us know the item(s) you would like to feature. Upon receiving your order, you will have two (2) weeks from the confirmed delivery date to shoot and post on your Instagram feed you provided during registration. Each gifted package requires at least one permanent social media post featuring the product(s) received. Any additional features on your blog, vlog, Facebook, Twitter, Pinterest, etc. is up to your (influencer) discretion but greatly appreciated. All links and images need to be sent to our email. For our records and to ensure your qualification for future collaborations, we ask that you send the images and links to your feature TOGETHER after you have posted. If you have any questions regarding the following guidelines, please let us know.

Notice For Disclosure (FTC Guidelines)

In an effort to be transparent with our customers and followers, it is important that all Ambassadors and influencers disclose information regarding the gifted item(s) involved in the collaboration. All Ambassadors and influencers agree to use best efforts to comply with Federal Trade Commission (FTC) advertising guidelines.

When publishing content online, including mobile and social media platforms (e.g. posting on Instagram, posting using mobile device), about The Spoiled Mama’s products or services, Ambassadors and influencers must clearly disclose his/her “material connection” with The Spoiled Mama. Such disclosures must be clear and in close proximity to any statements that Ambassadors and influencers make about The Spoiled Mama or The Spoiled Mama’s products and services. Ambassadors and influencers’ statements, including those made online, must reflect their truthful opinions and experiences.

DO’s and DON’Ts when posting online:

DO:

Properly and conspicuously disclose the material connection between the Ambassador/Influencer and The Spoiled Mama. Disclosures must clearly identify The Spoiled Mama as the source of the gifted product or other material connection. Examples include “Gifted by The Spoiled Mama,” “The Spoiled Mama gifted me this product,” #GiftedbyTheSpoiledMama, #ad, or #SponsoredbyTheSpoiledMama, as applicable. A disclosure such as “#gifted” standing alone should not be relied upon where it does not clearly identify the brand relationship.
For blog postings, please disclose that your post is sponsored or gifted by The Spoiled Mama (examples: “The Spoiled Mama sent me these beautiful items”)

DON'T:

Don’t use words or phrases that may lead your readers to believe the The Spoiled Mama items were purchased (example: do not use “I just purchased these items”).
Don’t conceal the material disclosures required by the FTC on your post, blog, or on other online platforms (such disclosures, such as hashtags, must be in close proximity to the product or service being advertised).

Questions

If you have any questions about proper FTC disclosures, you can always email us.

For All Blog Posts:

As previously stated, blog posts are not required but we truly appreciate if you would like to feature us on your blog. Once you (the “Ambassador”) have finalized the content and are ready to publish for The Spoiled Mama, all such content or materials related to the Collaboration must be properly tagged, labeled, or identified and must credit The Spoiled Mama for any post, sharing, or publication relating to this Collaboration.

- Ambassador agrees to and covenants that Ambassador shall not at any time make, publish, or communicate to any person or entity or in any public forum any defamatory, maliciously false, denigrating, or disparaging remarks, comments, or statements concerning The Spoiled Mama or The Spoiled Mama’s employees, agents, representatives, officers, directors, properties, affiliates, investors, and other associated third parties, now or in the future, unless compelled by court order, legal proceeding, or otherwise required by law.

- At this time, The Spoiled Mama does not provide monetary compensation for collaborations. However, The Spoiled Mama works with ShareASale, an affiliate program, to provide influencers with affiliate links that allow them to earn commission. To sign up, please click here. You will need a PayPal account in order to receive commissions. If you have any additional questions after signing up, please contact us for more information.

- Photos and videos are not required to be taken professionally but please take into consideration the following when shooting:

High resolution photos are more likely to be shared.
We love a good selfie but please make sure the photo is high resolution and that your The Spoiled Mama product is clearly showcased.
We are looking for photos/videos where the featured item is clearly shown in a styled look- preferably with your belly showing. Our customers particularly love these shots as they are able to see how to style the item with items they may have already in their beauty regime.
Images that are more curated towards our brand’s theme are more likely to be featured on our social media & email platforms. For example: styled flatlays, monthly inspirations, day in the life, action photos, daily mom life, bloopers, photos with your family, birth stories, what’s in your hospital bag, before and after with your The Spoiled Mama items, gender reveals, baby showers and maternity photos, etc.

- Once you have your photos/videos, feel free to crop and edit as you see fit. We ask that you send all of your photos & videos unfiltered or without any overlays. If your pictures are selected for a feature on one of our social media platforms, please know that we may filter the photo/video to match with our brand aesthetic.

Once your feature is ready to go, you can choose from any of the following categories that link to The Spoiled Mama to include. If you would like to solely link the homepage and item itself, that would be great! If you would like to include solely the item link, that is also great. We want to make sure that you as the ambassador have options when blogging as it is no longer a requirement for this one time collaboration.

	Description	Link Text Examples
1. Brand Link	A brand link linking to the The Spoiled Mama homepage.	The Spoiled Mama Shop The Spoiled Mama
2. “Skincare” or “Beauty” Keyword Link	A link to the The Spoiled Mama homepage containing one of the following keywords or a close variation. maternity skincare Pregnancy skincare Pregnancy beauty Maternity beauty Organic Pregnancy Skincare	Maternity Skincare Maternity Skincare Pregnancy Beauty Maternity Beauty Organic Pregnancy Skincare
3. Category Link(s)	A link to the product category/categories you selected from.	Maternity Skincare Baby Shower Gifts Hospital Bag Must Haves Etc
4. Product Link(s)	A link to the items(s) you selected. These will also be provided to you in your order shipment confirmation.	Tummy Butter for Stretch Marks Indulge Body Polish for Stretch Marks

- In addition to the links required above, we recommend that Ambassadors use the keywords “maternity skincare” , “Tummy Butter for stretch marks” “Stretch Mark Oil”, "Pregnancy Acne Treatment” and “Pregnancy Skincare” in their blog post to increase content relevance and organic standing. This, however, is up to the Ambassadors’ discretion as we do want blog posts to be as genuine as possible.

All blog post promotion is now optional and up to your (influencer) discretion. Popular places to promote blogs include Facebook, Instagram, or IG stories. If you do decide to post on any of these platforms as part of the collaboration, please make sure to tag The Spoiled Mama! (Ex: @TheSpoiledMama)

- Once your blog post is live, please contact us to submit your photos and direct links together.

- Blog posts must follow the following criteria:

Images and direct links must be sent together
Blog posts must contain high-resolution images
The product images are clearly shown in a styled look, showcasing the item (and preferably belly) in full

- If you are not 100% satisfied with your item, please let us know and we will make it right! For all exchanges and returns, please email us right away.

Content Rights & Usage: For purposes of these Terms, “Ambassador Content” means any photo, video, reel, story, post, blog, testimonial, review, caption, audio, or other content created, posted, published, submitted, transmitted, or otherwise made available by Ambassador during Ambassador’s participation in the Program or relating to any collaboration or The Spoiled Mama product received through the Program, including content that features, depicts, displays, mentions, tags, identifies, reviews, discusses, demonstrates, or incorporates The Spoiled Mama, its products, packaging, trademarks, or other brand elements, whether or not Ambassador separately delivers the original file to The Spoiled Mama.

Ambassador retains any copyright Ambassador may own in Ambassador Content. In consideration of participation in the Program and/or receipt of gifted products, Ambassador grants to The Spoiled Mama, its parent companies, affiliates, successors, assigns, licensees, advertising partners, agencies, contractors, distributors, retailers, service providers, and other persons or entities acting on The Spoiled Mama’s behalf (collectively, the “Licensed Parties”) a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to use, reproduce, copy, publish, display, perform, distribute, transmit, host, store, archive, advertise, promote, commercialize, create derivative works from, and otherwise exploit Ambassador Content, in whole or in part, in any media or format now known or later developed, for advertising, marketing, promotional, commercial, public relations, educational, editorial, social media, e-commerce, retail, and other brand-related purposes.

Ambassador expressly authorizes the Licensed Parties to capture, save, download, reproduce, preserve, crop, resize, reformat, retouch, color-correct, edit, excerpt, caption, subtitle, dub, translate, combine with other materials, add or remove music or audio where legally permitted, add text, graphics, logos, calls-to-action or other brand elements, create still images or excerpts from video, create derivative works, and otherwise modify or adapt Ambassador Content, provided that such use does not materially misrepresent Ambassador’s actual statements or experience with the product.

Without limiting the foregoing, the Licensed Parties may use Ambassador Content on or in The Spoiled Mama websites, product and collection pages, blogs, emails, SMS/MMS marketing, social media, organic posts, paid social media advertising, digital advertising, retargeting, display advertising, marketplace listings, retailer or distributor pages, affiliate marketing, presentations, sales materials, public relations, promotional materials, print materials, and other marketing or advertising channels. No additional approval, notice, compensation, royalty, residual, or usage fee will be owed for any use authorized by these Terms.

Ambassador grants the Licensed Parties the same perpetual, irrevocable, worldwide, royalty-free, fully paid-up rights to use Ambassador’s name, social media handle, image, likeness, appearance, voice, biographical information, statements, testimonials, and other identifying elements embodied in or reasonably associated with Ambassador Content in connection with the permitted uses above. The Spoiled Mama may provide creator credit when reasonably practicable, particularly for organic social media reposts, but credit is not a condition of the license and omission of credit does not limit or terminate any rights granted under these Terms.

Ambassador represents and warrants that Ambassador owns or controls all rights necessary to grant the licenses in these Terms and that the Licensed Parties’ authorized use of Ambassador Content will not infringe or violate any copyright, trademark, privacy, publicity, contractual, music, or other proprietary right of any third party. If Ambassador Content includes another identifiable person, including a spouse, partner, child, or other family member, Ambassador represents and warrants that Ambassador has obtained all legally required permissions and releases for the uses authorized by these Terms and, for any minor, has legal authority or the legally required consent to grant such rights.

The foregoing license permits The Spoiled Mama to use Ambassador Content in advertisements placed through The Spoiled Mama or its advertising partners’ accounts. It does not, by itself, require Ambassador to provide login credentials or grant direct access to Ambassador’s personal social media account. Any separate technical authorization required for whitelisting, Partnership Ads, Spark Ads, or similar advertising run through Ambassador’s own account or identity may be addressed separately if requested.

All licenses, permissions, releases, representations, warranties, and usage rights granted with respect to Ambassador Content are irrevocable as to content created or published while these Terms were in effect and survive completion of the collaboration, termination of Ambassador’s participation in the Program, deletion of a post by Ambassador, or any later change to these Terms.

For All Instagram/Facebook/TikTok/Twitter Posts:

Once the Ambassador has finalized the content and is ready to publish for The Spoiled Mama, all such content or materials related to the Collaboration must be properly tagged, labeled, or identified and must credit The Spoiled Mama for any shared, post, or publication relating to Collaboration.

- Any and all Ambassador Content created for or in connection with the Collaboration must be specifically geared toward promoting The Spoiled Mama and may not be used to simultaneously advertise, endorse, or cross-promote a competing brand without The Spoiled Mama’s prior written consent. Ambassador may naturally include non-competing items from Ambassador’s personal routine where appropriate, provided those items are not separately promoted in the same Collaboration content.

- Photos and videos are not required to be taken professionally but please take into consideration the following when shooting:

High resolution photos/videos are more likely to be shared.
We love a good selfie but please make sure the photo is high resolution and that your The Spoiled Mama product is clearly showcased.
We are looking for photos & videos where the featured item(s) is clearly shown in a styled look- preferably with your belly showing. Our customers particularly love these shots as they are able to see how to style the item with items they may have already in their beauty regime.
Images that are more curated towards our brand’s theme are more likely to be featured on our social media platforms. For example: styled flatlays, monthly inspirations, day in the life, action photos, daily mom life, bloopers, photos with your family, birth stories, what’s in your hospital bag, before and after with your The Spoiled Mama items, gender reveals, baby showers and maternity photos, etc.

- Once you have your photos and/or videos, feel free to crop and edit as you see fit. We ask that you send all photos/videos in high resolution and, whenever available, without platform watermarks, filters, text overlays, stickers, or other graphics.

- Once your content is ready to post, please make sure to include @TheSpoiledMama within the copy of your post as well as the actual images and use the following as hashtags:

#TheSpoiledMama
#shopTheSpoiledMama
#SpoiledbyTheSpoiledMama
#GiftedbyTheSpoiledMama

In addition to these tags, please refer to the NOTICE FOR DISCLOSURE (FTC GUIDELINES) section to make sure you as the ambassador are properly disclosing the collaboration.

- Once your post is live, please contact hello@TheSpoiledMama.com to submit your photos, videos, reels and direct links together.

- All posts must follow the following criteria:

Social media posts must be submitted within the two (2) week time frame
Images, reels, videos and direct links must be sent together
Social media posts must be high-resolution
The images are clearly shown in a head to toe styled look, showcasing the item in full

- If you are not 100% satisfied with your item, please let us know and we will make it right! For all exchanges and returns, please email us right away.

To ensure the authenticity of our collaboration, please make sure you are following us on Instagram (@TheSpoiledMama). This will also help to ensure the content both parties are posting is organic for the follower/consumer.

For All YouTube Hauls:

As previously stated, vlog posts are not required but we truly appreciate it if you would like to feature us on your vlog. Once the Ambassador has finalized the content and is ready to publish for The Spoiled Mama, all such content or materials related to the Collaboration must be properly tagged, labeled, or identified and must credit The Spoiled Mama for any shared, post, or publication relating to Collaboration.

- Photos are not required to be taken professionally but please take into consideration the following when shooting:

High resolution photos are more likely to be shared.
We love a good selfie but please make sure the photo is high resolution and that your The Spoiled Mama product is clearly showcased.
We are looking for photos/videos where the featured item is clearly shown in a styled look- preferably with your belly showing. Our customers particularly love these shots as they are able to see how to style the item with items they may have already in their beauty regime.
Images or videos that are more curated towards our brand’s theme are more likely to be featured on our social media platforms. For example: styled flatlays, monthly inspirations, day in the life, action photos, daily mom life, bloopers, photos with your family, birth stories, what’s in your hospital bag, before and after with your The Spoiled Mama items, gender reveals, baby showers and maternity photos, etc.

- Once you have your videos/photos, feel free to crop and edit as you see fit. We ask that you send all photos/videos in high resolution and, whenever available, without platform watermarks, filters, text overlays, stickers, or other graphics.

- Once your content is ready to post, we would deeply appreciate it if you would link back/tag to @TheSpoiledMama and/or to all the products featured within the description box.

All vlog post promotion is now optional and up to your (influencer) discretion. Popular places to promote vlogs include Facebook, Instagram, or IG stories. If you do decide to post on any of these platforms as part of the collaboration, please make sure to tag The Spoiled Mama! (Ex: @TheSpoiledMama)

- Once your video is live, please contact us to submit your link to the published video.

- All videos must follow the following criteria:

The video clearly shows all items in a styled look, showcasing the item and preferably belly in full

i.e pregnancy skincare haul or a lookbook

- If you are not 100% satisfied with your item, please let us know and we will make it right! For all exchanges and returns, please email us.

Agreement to Terms: By applying to or participating in The Spoiled Mama Brand Ambassador Program, accepting an Ambassador invitation, accepting or redeeming a gifted product or product credit, or otherwise participating in a collaboration with The Spoiled Mama, you acknowledge that you have read, understand, and agree to be bound by these Brand Ambassador Terms & Conditions (the “Terms”). These Terms apply to each gifted product and collaboration and to all Ambassador Content created, posted, published, submitted, transmitted, or otherwise made available in connection with the Program or any The Spoiled Mama product received through the Program.

Payments:

1) 90 Day Association: Any customer that makes a purchase through your Brand Ambassador link will be associated with you as a customer, so long as that customer is not associated with The Company or another Ambassador from a prior purchase for 90 days. If an Ambassador is inactive in the Program for a period of 90 days, with no sales to new customers, The Company reserves the right to remove the customer lifetime association of all Ambassador customers and place that association directly with The Company.

2) Promotion or sale of The Spoiled Mama through Google Shopping, Amazon, eBay, or other Product Listing Ads or Sites (owned or not owned by you), are not allowed unless express written permission is provided by The Spoiled Mama.

3) The Spoiled Mama agrees to pay Commissions of your individual contract (if applicable) within 45 days after receipt of invoice. Payment will be strictly subject to fulfillment of the responsibilities and services outlined in The Spoiled Mama's Brand Ambassador Terms & Conditions. If you fail to submit required media and/or create at least one permanent social media post per gifted package, no applicable payments or commissions will be paid. All taxes applicable will be your responsibility to determine, collect and remit. You agree to comply with all applicable tax laws and regulations.

4) You are an independent contractor and nothing in this agreement will render You an employee, worker, agent or partner of The Spoiled Mama. You will not hold yourself out as such. You will be fully responsible for and indemnify The Spoiled Mama against any liability, assessment or claim for taxation whatsoever arising from or made in connection with the performance of this PROGRAM, where such recovery is not prohibited by law; and any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by You against The Spoiled Mama arising out of or in connection with the provision of this PROGRAM. We may satisfy such indemnity (in whole or in part) by way of deduction from any payment due to you.

(a) Calculation of Commissions. Commissions shall be calculated by the Company in good faith at a rate (the “Rate”) per each valid purchase, as determined by the Company, via the Link (each, a “Click” and, collectively, the “Clicks”) that results in a sale of the Company’s products or services.

(b) Records. The Company shall maintain accurate and up-to-date records in accordance with generally accepted methods of accounting for all data used to determine any Commissions payable to the Brand Ambassador.

(c) Brand Ambassador Inspection; Discrepancies. The Company shall provide the Brand Ambassador reasonable records and data used to determine the Commissions for purposes of inspection. Any discrepancies between the Company’s records and any Commissions paid to the Brand Ambassador shall be corrected by the Company within 90 days of receiving written notification of such discrepancy from the Brand Ambassador.

(d) Payment. Except as provided below, any Commissions accrued and payable to the Brand Ambassador shall be paid by the Company on a monthly basis.

(i) No Payment of Commissions. The Brand Ambassador will not be eligible to receive a Commission for, and the Company will not pay a Commission when:

(A) Such Commission results from a manipulative, false, or erroneous Click, including, but not limited to, any Click obtained by a fraudulent or deceptive program, device, or scheme, artificial mechanism, or the use of Brand Ambassador's employees to generate a false Click, which leads to a purchase.

(B) Using your personalized code on public coupon/discount websites such as RetailMeNot.com, DontPayFull.com, couponsock.com and others like it.

(C) Such Commission results from an existing customer of the Company.

(D) Such Commission results accidentally from a duplicate sale.

(E) Such Commission results from an order from the Brand Ambassador.

(F) The sale underlying such Commission results in a return, cancellation, or refund, or when payment is not received by the Company (each, a “Charge-back”).

(ii) Adjustment of Commissions. Any Commissions, or portion thereof, that has been paid to the Brand Ambassador but later results in a chargeback will be deducted from the Brand Ambassador's next Commissions. If no subsequent Commissions are to be paid to the Brand Ambassador, an invoice will be sent to the Brand Ambassador for the amount of the charge-back.

(iii) Following termination of the Agreement by the Company for a material breach pursuant to Section 3 thereof, the Brand Ambassador will forfeit any Commissions for the last 90 days after the date of the Brand Ambassador's material breach.

(iiii) This Agreement will commence on the Effective Date and shall continue until either party terminates this Agreement by providing 10-days written notice to the other party or pursuant to below.

The Spoiled Mama may also terminate this Agreement immediately on written notice if the Brand Ambassador breaches this Agreement or is found guilty of a crime or, in the opinion of The Spoiled Mama, Ambassador has engaged in unethical or immoral conduct, conduct that may otherwise disparage The Spoiled Mama's reputation, conduct in contravention of the Brand Ambassador Terms & Conditions or conduct that otherwise violates this Agreement.

(iiiii) Upon termination of this Agreement, The Spoiled Mama's obligations to the Brand Ambassador under this Agreement shall terminate except for The Spoiled Mama's obligation to pay any eligible Commissions due and payable at the time of termination in accordance with these Terms. Termination does not revoke, limit, or otherwise affect any content license, name/image/likeness permission, release, representation, warranty, indemnity, or other provision that by its nature is intended to survive termination, including all rights previously granted to The Spoiled Mama with respect to Ambassador Content.

(F) The Brand Ambassador fails to submit media and/or create at least one permanent social media post per gift package sent.

DISCLAIMER: The Spoiled Mama may update these Terms at any time. The most current version of the Terms is available at https://www.thespoiledmama.com/pages/brand-ambassador-terms, and Ambassadors are encouraged to review this page periodically for updates.

Updated Terms will apply to future collaborations, gifted products, and continued participation in the Brand Ambassador Program after the revised Terms are made available. Continued participation in the Program, acceptance of an additional Ambassador invitation, or acceptance or redemption of any additional gifted product or product credit constitutes acceptance of the updated Terms.

Any rights, licenses, permissions, releases, representations, warranties, and other protections previously granted to The Spoiled Mama with respect to Ambassador Content remain in full force and effect and survive any update to these Terms, completion of a collaboration, deletion of content by the Ambassador, or termination of participation in the Brand Ambassador Program.