Brand Ambassador Terms & Conditions

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

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 item you receive through the ambassador program is required to be a permanent post and shared on your feed. 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 disclose the material connection between the Ambassador/Influencer and The Spoiled Mama (example: add #giftedbyTheSpoiledMama, #ad, #sponsoredbyTheSpoiledMama, #gifted or #sponsored when applicable).
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.

- Ambassadors retain sole and exclusive artistic and creative control of all photos and videos submitted to The Spoiled Mama for this Collaboration. Ambassadors agree to assign to The Spoiled Mama the right to place all photos, videos and materials submitted for this Collaboration on any The Spoiled Mama online platforms including, but not limited to websites, blogs, forums, ads, and social media outlets in perpetuity. The Spoiled Mama will include all proper photo credit for Ambassadors for all images shared on our social media accounts (if applicable).

- 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.

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 content created for the Collaboration shall solely be used in promoting The Spoiled Mama. We understand Ambassadors will need to add other items from their personal beauty routine to complete the content. Notwithstanding this understanding, The Spoiled Mama expressly prohibits Ambassadors to use any materials or images related to the Collaboration to cross promote other brands without The Spoiled Mama’s express written consent. Collaboration content should be specifically geared towards promoting The Spoiled Mama only.

- 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(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 of your photos/videos unfiltered or without any overlays. If your pictures or videos 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 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 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 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.

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 media and/or create at least one permanent social media post per gift package sent not payments 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 Commissions due and payable at the time of such termination in accordance with the Terms & Conditions of this Agreement.

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

DISCLAIMER: The guidelines are subject to changes. It is the influencers responsibility to constantly check for those changes. If major changes were made, The Spoiled Mama will send out a mass email updating all of the ambassadors of those changes. Thank you!