Effective Date: November 4, 2022
These Terms and Conditions (“Terms and Conditions”) govern Torrid’s Brand Ambassador Program (the “Program”) and your participation in the Program. Torrid owns and operates certain retail brick-and-mortar locations and websites, including, http://www.torrid.com (“Torrid Websites”). Torrid is offering certain advertising and marketing opportunities for social media influencers to become Torrid ambassadors for certain Torrid campaigns. If you are selected to be a Torrid ambassador for a campaign you will promote Torrid and certain Torrid merchandise through your Social Media Accounts (defined below); these services provided by you are subject to the following Terms and Conditions.
IMPORTANT NOTE: THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT LIMIT TORRID’S LIABILITY TO YOU, ELIMINATE YOUR RIGHT TO A TRIAL BY JURY, REQUIRE YOU TO RESOLVE DISPUTES WITH TORRID ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY CLASS OR REPRESENTATIVE ACTION, AND THROUGH FINAL AND BINDING ARBITRATION. SEE SECTION VIII (12) BELOW.
In these Terms and Conditions, “Torrid,” we,” “us,” or “our” means Torrid, LLC, and its subsidiaries, related entities, officers, directors, employees, and/or their designee(s), and “you,” “your,” or “ambassador” means the participant (i.e., the brand ambassador) of the Program. Torrid and you may be referred to individually as a “Party” or collectively as “Parties” The Program is open to legal residents of the United States and its territories (including Puerto Rico) and Canada (except in the province of Quebec) who are 18 years of age or older at the time of enrollment.
By requesting to join the Program or participating in the Program or any Torrid promotional campaign (“Campaign”), you agree to be bound by these Terms and Conditions.
Notwithstanding the foregoing, in the event an ambassador executes a separate written agreement with Torrid for promotional services, then said agreement will govern to the extent there are any conflicts between that agreement and these Terms and Conditions.
II. Joining the Ambassador Program
By submitting a request to join the Program, you agree to receive communications from Torrid regarding the Program and Campaigns. You may not unsubscribe from these transactional emails. However, you may unsubscribe from Torrid promotional emails at any time via the unsubscribe link in those emails. In addition, you can also unsubscribe from receiving promotional emails by calling 833-865-8502 or by sending an email to firstname.lastname@example.org.
III. The Program
If selected to be an ambassador of the Program, Torrid will from time-to-time, at Torrid’s sole discretion, send you offers to join Campaigns. You are not required to participate in any Campaign, but if you wish to join a Campaign, you must request to join the Campaign in accordance with the instructions provided to you.
Torrid will in its sole discretion select which ambassadors, if any, to participate in a Campaign. If you are selected, Torrid will notify you and provide you instructions on how to participate. Please read the instructions carefully, as every Campaign is different. You are free to drop out of the Program or any Campaign at any time and for any reason by sending an email to email@example.com informing us of your decision to leave.
IV. Terms of Service
Torrid expects all ambassadors who participate in the Program to abide by these Terms and Conditions. Failure to abide by these Terms and Conditions may result in removal from the Program.
- You are solely responsible for your conduct and any data, text, information, names, graphics, filters, photos, stories, reels, audio, video clips and links (collectively, “Content” or “Social Media Posts”) that you publish, post or display (collectively, “post”) on your Social Media Accounts in connection with a Campaign. “Social Media Accounts” refers collectively to Instagram pages, TikTok pages, Facebook pages, YouTube pages, Pinterest accounts, Twitter accounts, and Snapchat accounts.
- All Content you post should be original and creative in nature.
- All Content you post must comply with the Code of Ethics Guidelines set forth in Section V below.
- All Content you post must comply with the Federal Trade Commission (“FTC”) social media endorsement guidelines set forth in Section VI below.
- Torrid will provide you, at no cost, all Torrid merchandise to feature in your Social Media Posts. You are responsible for all other costs associated with Social Media Posts. You will also control the manner and means of creating, recording, photographing, transmitting and posting your Social Media Posts in your discretion and independent judgment.
- Torrid may share or repost your Social Media Posts on Torrid’s Social Media Accounts, and/or use your Content, or any portion thereof, on Torrid’s website or any marketing materials.
V. Code of Ethics Guidelines
Any Content you post in connection with the Program or any Campaign must comply with the following Code of Ethics Guidelines.
- Do Not Post Content that Is Not Yours. By posting Content for a Campaign, you are guaranteeing to Torrid that either you own all rights to the Content (including without limitation all the rights to any music or lyrics that can be heard in the Content), or that you have permission to post the Content from the owner(s) of all of the rights to the Content. If you do not own all the rights or do not have permission to post the Content, this could result in serious consequences for you and for Torrid, for which Torrid would hold you responsible.
- Do Not Submit Content that Is Objectionable. You should not post Content that could be interpreted as (a) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of any applicable laws; or (b) a display of bigotry, discrimination, hatred, intolerance, racism or inciting violence. If you post objectionable Content, this could result in serious consequences for you and for Torrid, for which Torrid would hold you responsible.
- Do Not Post Content that Discloses Private Information. You should not post Content that discloses private or confidential information of others. If you disclose private information of others, this could result in serious consequences for you and for Torrid, for which Torrid would hold you responsible.
- Do Not Post Content that Contains Music that Is Not Yours. You should not post any Content that contains music or lyrics, unless you are the composer or author of the material and/or you have all rights necessary to permit the use of the music and lyrics in the Content. If you submit Content with music for which you do not own or control those rights, this could result in serious consequences for you and for Torrid, for which Torrid would hold you responsible.
- Do Not Post False or Misleading Content. Any statements made by you in your Content should be true and accurate to the best of your knowledge and should reflect your honest opinions. You should not make any intentionally misleading, deceptive, untrue, or fraudulent statements about third parties or Torrid products. You are responsible for checking your facts before you make any claims.
- Do Not Endorse or Adopt Third Party Content. In order to avoid potential intellectual property infringement claims, you should not endorse, copy, or adopt third party content. All Content related to a Campaign should be dedicated exclusively to Torrid merchandise.
VI. Federal Trade Commission Social Media Endorsement Guidelines
All Social Media Posts must comply with the following FTC social media endorsement guidelines. Please note that these guidelines were not created by Torrid and are applicable to all social media influencers.
- All your Social Media Posts must clearly and conspicuously disclose your material connection with Torrid. Each disclosure must be located in close proximity to the corresponding Social Media Post. Each Social Media Post must also strictly comply with the Federal Trade Commission guidelines on social media endorsements, some of which can be found at: https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf. Please follow these guidelines, as they relate to legal requirements that both you and Torrid must follow.
- Below are the minimum disclosure requirements for each and every Social Media Post:
- For any story, you must superimpose the hashtag “#ad” banner in a clear and conspicuous manner on the story. The banner must contrast against the video or picture in a way that makes the banner clear and easy to read. Where possible, you should tag Torrid’s Instagram and/or TikTok page in the story.
- With regard to any picture or video post, you must insert the hashtags #Torrid and #FeelTheFit at the beginning lines of the description or caption, before the “more” button.
- Torrid may provide you additional hashtags or disclosures, depending on the Campaign.
- With regard to apparel or merchandise featured in your Social Media Posts, all statements made by you must reflect your honest opinions, beliefs, and experiences. You should not make any false or misleading statements regarding featured apparel or merchandise.
- We will monitor your compliance with FTC social media endorsement guidelines. If you fail to comply with these FTC guidelines, we may request you to modify, remove, or replace the subject Social Media Post. Failure to comply with a request may result in removal from the Program.
- Ambassadors in Canada must also comply with the Influencer Marketing Steering Committee Disclosure Guidelines, which can be found at https://adstandards.ca/wp-content/uploads/Ad-Standards-Influencer-Marketing-Steering-Committee-Disclosure-Guidelines_FALL2020_EN.pdf.
VII. Licenses and Rights
- You hereby grant to Torrid the non-exclusive, worldwide, fully paid-up, royalty-free, sublicensable and transferable right and license (but not the obligation) to use, display, perform, reproduce, transmit, distribute, prepare derivative works from and modify your Social Media Posts, or any portion thereof, for any and all commercial and non-commercial purposes. You further agree that Torrid is free to use any ideas, concepts, know-how or techniques contained in any Social Media Posts for any purposes whatsoever. You understand and agree that you are not entitled to any payments from Torrid for any of the uses of the Social Media Posts that Torrid makes or permits.
- To the extent you appear in or are otherwise involved in or with the Social Media Post, you also hereby grant Torrid a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use your name, social media name, handle, account name, screen name, biographical information, image, appearance, voice, persona, character, likeness and any other indicia of your identity (collectively, “Publicity Rights”) in connection with the Social Media Posts (and any derivative works created therefrom) without compensation of any kind.
- If required, you agree to execute additional documents that give effect to this license. If Torrid is unable, for any reason, to secure your signature to memorialize the grant, transfer, or assignment of any rights in and to any Content or rights granted under this Agreement, you hereby irrevocably designate and appoint Torrid or its duly authorized officers and agents as your agents and attorneys-in-fact to act for purposes of executing any documents necessary to give effect to this license or any right granted herein.
VIII. Additional Terms
- The Program is offered at the sole discretion of Torrid. Torrid reserves the right, without limitation, to terminate, change, limit, modify, or cancel the Program or any rules, regulations, benefits, or conditions of participation at any time. WE RESERVE THE RIGHT TO CHANGE OR MODIFY THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE UPDATED TERMS AT TORRID AMBASSADOR PROGRAM TERMS AND CONDITIONS. IF THE MODIFICATION IS CONSIDERED A MATERIAL CHANGE TO THE TERMS AND CONDITIONS, TORRID WILL NOTIFY YOU VIA EMAIL OF THE NEW OR DIFFERENT TERMS. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE NEW OR DIFFERENT TERMS. YOU SHOULD PERIODICALLY VISIT WWW.TORRID.COM TO REVIEW THE THEN CURRENT TERMS TO WHICH YOU ARE BOUND.
- By requesting to join the Program, you acknowledge and agree that nothing in the Program or your participation in the Program creates any employment relationship between you and Torrid. Any and all participation from you will be provided at your sole discretion, and you agree that you or Torrid may end your participation in the Program at any time for any reason, with or without notice.
- Abuse of the Program, failure to follow these Terms and Conditions, any misrepresentation of fact relating to your participation in the Program (including eligibility), or other improper conduct as determined by Torrid in its sole judgment may result in removal from the Program.
- Torrid expects all ambassadors to conduct themselves at all times with due regard to public conventions and morals, and not commit any act that would disparage or damage Torrid’s or the Program’s reputation. Torrid may, in its sole discretion, remove an ambassador from the Program if the ambassador (a) is convicted of or charged with any criminal act or other act involving moral turpitude, drugs, or felonious activities; (b) commits any act or becomes involved in any situation or occurrence which brings the ambassador into public contempt, scandal, or ridicule; or (c) publicly disparages or damages the name or reputation of Torrid or an affiliated company.
- The Program is offered to individuals only. Corporations, associations or other groups may not participate in the Program.
- All questions or disputes regarding the Program, including compliance with these Terms and Conditions, will be resolved by Torrid in its sole discretion, to the maximum extent permitted by law.
- Torrid, its parent, subsidiaries and affiliate entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any rewards, products, benefits or services received as part of the Program.
- BY PARTICIPATING IN THE PROGRAM, EACH AMBASSADOR HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES) RELATING TO THAT AMBASSADOR’S: (A) PARTICIPATION IN THE PROGRAM, (B) CONTENT/SOCIAL MEDIA POSTS OR PUBLICITY RIGHTS (OR TORRID’S USE THEREOF); AND (C) AGREEMENT TO THESE TERMS AND CONDITIONS. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, CONTENT/SOCIAL MEDIA POSTS, PUBLICITY RIGHTS, OR ANY OTHER BENEFITS, PRODUCTS OR SERVICES PROVIDED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Each ambassador agrees to indemnify, defend and hold the Released Parties harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs) incurred by the Released Parties in connection with any claim arising out of any breach by the ambassador of these Terms and Conditions. Each ambassador will cooperate as fully as reasonably required in the defense of any claim. Torrid reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the ambassador and the ambassador will not in any event settle any matter without the written consent of Torrid.
- The TORRID trademark and/or logo, and TORRID taglines or slogans are the intellectual property of Torrid. Artwork, photography, and logos, including the logos and taglines used in conjunction with the Program, on this web site or in print, are copyrighted intellectual property of Torrid. These logos and materials may not be used, reproduced, replicated or doctored in any manner without the written consent of Torrid.
- Governing Law, Arbitration, and Class Action Waiver
- Governing Law. These Terms and Conditions, and the interpretation of these Terms and Conditions, will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflicts of laws principles.
- Arbitration. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND TORRID, AND ANY OTHER RELEASED PARTY, ARISING OUT OF OR RELATING TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, YOUR SOCIAL MEDIA POSTS/CONTENT OR PUBLICITY RIGHTS (OR TORRID’S USE THEREOF), PRODUCTS OR SERVICES PROVIDED THROUGH THE PROGRAM, OR THESE TERMS AND CONDITIONS WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION. ALL DISPUTES WILL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES IN EFFECT (THE “JAMS RULES”), AND AS MODIFIED BY THIS AGREEMENT TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY, IN SUCH CASE IN-PERSON HEARINGS WILL TAKE PLACE IN THE COUNTY OF THE BILLING ADDRESS ASSOCIATED WITH YOUR ACCOUNT, OR THE COUNTY WHERE YOU RESIDE, IN THE INSTANCE WHERE NO ACCOUNT EXISTS. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE “MINIMUM STANDARDS”), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY. DISPUTES MAY ALSO BE REFERRED TO ANOTHER ARBITRATION ORGANIZATION IF YOU AND TORRID AGREE IN WRITING, OR TO AN ARBITRATOR APPOINTED PURSUANT TO SECTION 5 OF THE FEDERAL ARBITRATION ACT. The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for Arbitration is required to be executed and served on Torrid. Service of the Demand for Arbitration on Torrid can be mailed to the Torrid Legal Department, 18305 E. San Jose Ave., City of Industry, CA, 91748, pursuant to the instructions provided by JAMS to submit a demand for arbitration. Service of the Demand for Arbitration on you will be sent to the address associated with your account or your residence. Further instructions on submitting a Demand for Arbitration can be found at: https://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf. Torrid will bear the cost of your initial filing fee.
- Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TORRID AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR TORRID WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER AMBASSADORS/PARTICIPANTS/ CONSUMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW. Further, unless both you and Torrid expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim.
- Fees. In the event you commence arbitration, after Torrid receives notice that you have initiated arbitration, Torrid will promptly reimburse you for your payment of the filing fee and Torrid will pay any case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
- These Terms and Conditions constitute the entire agreement between you and Torrid pertaining to the subject matter hereof and supersede all previously published terms and/or conditions in their entirety, as well as any prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions will be deemed or will constitute a waiver of any other provisions hereof (whether or not similar), nor will waiver constitute a continuing waiver unless otherwise expressly provided.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
IX. Contact Information
If you have a question about these Terms and Conditions, you may contact us at firstname.lastname@example.org or 866-867-7431.