CAMPAIGN STATEMENT OF WORK

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TERMS AND CONDITIONS

Introduction

Thank you for your interest in participating in the “SPACE CADETS” Brand Ambassador and Promoter Program.

By completing this Registration Form and by submitting your details you warrant that all material disclosures regarding Personal Information are both true and correct. Incomplete submissions will not be accepted. No responsibility will be accepted for any submission that is not received or is delayed or damaged due to technical reasons or otherwise.

Successful candidates will be engaged on an as and when basis only and activities may relate to promotions, product demonstrations, flash mobbing, hostessing, general support, banner installation mall exhibitions, launches, sampling, and/or as assigned by the relevant SPACE representatives.

The Company shall be under no obligation to offer or provide work and nothing in this agreement shall render the Parties employees, partners, agents of, or joint venturers with each other for any purpose and you shall not hold yourself out as such.

This agreement describes the terms and conditions for registration in the “SPACE CADETS” Brand Ambassador Program. By submitting your application, you are indicating your agreement to be bound by these terms and conditions and warrant having read this Agreement before accepting, fully understanding the content, meaning and impact.

The terms “Brand Ambassador (BA),” “you,” and “your” are referring to you, the Applicant. The terms “we”, “our” or “Company” refers to SPACE.

Payment Terms

  • Each engagement for services will be issued a Campaign Statement of Work (“SOW”) which contains details about the Client, the Campaign, the Scope of work, the Amount payable, the Venue. A SOW may be amended and/or supplemented at any time in the discretion of the Company.
  • You understand and agree that this is your only payment which is fair and reasonable. You shall not be entitled to nor claim payment (from the Company and/or its client) any additional amounts
  • A signed SOW serves as a formal tax invoice from you to the Company and any tax implications remains your responsibility.
  • Payment will be made within 14 (fourteen) days via EFT following successful completion of the Campaign, less applicable, lawful deductions.

Conduct Rules of Engagement
All Brand Ambassadors are required to take note of and strictly comply with all conditions provided in this Agreement, with specific reference to the following:

  • compliance with call times are an absolute necessity and may not be deviated from. If you are late or unable to attend kindly notify the representative as soon as possible.
  • A penalty amount of R50.00 (fifty) will be levied for each late hour or pro rata. Should a reserve BA have been appointed in your absence, you will not receive payment.
  • You undertake to cooperate and comply with the instructions of the SPACE representative. No work may be undertaken unless authorised by the SPACE representative.
  • Full compliance with Act 85 (1993) of The Occupational Health and Safety Act is mandatory and all incidents/accidents/injuries must be reported immediately to the SPACE representative.
  • No person under the influence of intoxicating liquor or illegal drugs (or possession thereof) will be permitted to work on any project, event site or premises.
  • Smoking is only allowed in designated smoking areas and should not interfere with the performance of services.
  • You are responsible for the safety of your belongings. The Company will not be held liable for damaged, stolen or lost property. CELLPHONES must however remain on the BA’s person to communicate with the Company’s representatives. The personal use of cellphones is prohibited throughout the entire duration of the engagement.
  • Any persons who are, in the sole discretion of the Company, guilty of any improper conduct will be removed from the SPACE CADETS database.
  • You undertake to promptly notify and bring to the attention of the Company any of the following; delays, issues, concerns or disputes, howsoever arising, information which is likely to be of interest, use or benefit to the Company, Client or Campaign, any infringements or improper, unauthorised use of Confidential Information or Intellectual Property.
  • You undertake to uphold a high standard of ethical and honest behaviour and treat all people with whom you encounter during the term of this engagement professionally and with respect. Services performed by you may inspected and/ or audited at any time, and irregularities may result in payment being withheld.
  • You udnertake to perform the services diligently, in a timely and productive manner, promoting the best interests of the Company, Client and/ or Campaign at all times.
  • It is your sole responsibility to ensure that your outfit is clean and neat and that you are professional and presentable during the entire contract period.
  • You are not entitled to cede or assign your rights or delegate your obligations, or both, without the prior written approval of the Company.

In the event that equipment or clothes are issued and/ or in the event that you use Company Vehicle Transport, the Brand Ambassador undertakes to comply with the following:

  • An Outgoing and Incoming Inspection Sheet must be completed and a register should be maintained in this regard and you are personally responsible for these.
  • Use of equipment issued as part of a Campaign SOW is strictly for purposes of performing the services and not for personal use.
  • The equipment and vehicle is insured against damage and theft. You however accept full liability for damages or loss to any equipment, or the vehicle, as a result of your wilful misconduct and / or negligence and/ or failure to adhere to the applicable safety and security policies and regulations, excluded from this liability is normal wear and tear.
  • Intentional failure to return the equipment when requested, may, without prejudice to other rights of recourse, result in criminal prosecution.
  • Payment for any damage or loss caused by you, is required within 7 (seven) days of occurrence and monies owed may be withheld in lieu of payment.
  • You may not remove any property, or be in possession of it without prior written approval, and complying with the protection and security of property procedures.

Confidential Information and Intellectual Property

The Company, or its authorised agent, remains the owner of all Confidential Information and Intellectual Property. You undertake to return and discontinue the use of all data or material pertaining to any Campaign, unless approved by the Company in writing.

Confidential Information:

  • Data and all information related to the Campaign, the Client and/ or the Company is Confidential; this means you may not disclose to any third party any such information nor use the information. It is also subject to Copyright; this means you may not produce copies or sell it, import or export it, create derivative works, perform or display it publicly, sell or cede these rights to others, transmit or display by radio or use it in any manner other than for the approved and intended purpose.

Intellectual Property:

  • Brand Ambassador hereby grants the Company, or its authorised agent, the right to the unconditional, indefinite and exclusive worldwide use, recording, display, producing, reproducing, processing, exhibiting, distributing, publishing, broadcasting, transmitting and screening of his/her voice, appearance, images, likeness and performances as part of any Campaign for any lawful purpose in print and / or electronically in any media, or other platform, now known or hereafter devised. You accordingly waive the right to any reasonable expectation of privacy or confidentiality associated therewith and accept the use thereof confers no rights of ownership or royalties whatsoever to you.
  • The Brand Ambassador hereby acknowledges that the Company, or its authorised agent, remains the sole owner of all rights in and to all content, and any reproduction(s), for all purposes; and that the Company has the right, among other things, to publish or broadcast the content one or more times over any print, station, cable system, cinema screening, online, digital or outdoor use, including in any publicity material.
  • Any materials relating to the production, recording, publishing and broadcasting of the content or advert becomes the property of the Company.
  • The Brand Ambassador may develop certain proprietary products with the scope of services. You hereby assign and waive in favour of the Company, all Proprietary Rights including but not limited to copyright, patent, trademark and all other applicable Intellectual Property Rights and undertake all steps required to establish such ownership.
  • The Company shall in no way be obligated to use your voice, appearance, images, likeness and/ or performance.

Privacy Policy

  • The Company agrees that all Personal Information that is obtained as part of this Agreement, will comply with all applicable privacy and other laws and regulations relating to protection, collection, use, and distribution thereof and the Company will use every endeavor to secure such information from unauthorized access, use, disclosure and loss using commercially acceptable security practices and technologies.
  • The Company will not, without prior written consent, use Personal Information for any purpose other than for purposes under Agreement.
  • Personal data will be used solely in accordance with all applicable privacy laws/policies and regulations relating to protection, collection, use, and distribution thereof and the Company will use every endeavour to secure such information from unauthorized access, use, disclosure and loss using commercially acceptable security practices and technologies. Information will not be disclosed to a third party without your prior written consent.
  • Additional Privacy Policy statement.

General terms and conditions

  • This agreement will begin upon the Company’s acceptance of your Brand Ambassador Application. Successful candidates may be requested to submit supporting documents such as ID and proof of bank details and address for record purposes.
  • This Agreement can be terminated by the Brand Ambassador by giving notice that he/she no longer wish to partake in the SPACE CADETS Progamme. This Agreement can be terminated by the Company with immediate effect should the Brand Ambassador commit any breach and/or engages in misconduct and/ or if, in the opinion of the Company, your actions are in conflict with the Company’s, or Client’s, image or policy, regardless if it attracts negative publicity, or whether it takes place prior to, after or during the performance of services.
  • If any provision of this Agreement is invalid, such provision shall be deemed not be a part of this Agreement, and shall not invalidate any other provision hereof.
  • This Agreement is governed by the laws of the Republic of South Africa, and disputes will be referred for resolution by way of negotiations and the Company’s decision in respect of all matters to do with this Agreement and/or a Campaign will be final and no correspondence will be entered into.
  • The Campaign SOW, and/ or the terms and conditions in this Agreement may be amended at any time. Any such amendment shall become effective immediately once posted online, or on such date as may be determined by the Company and no participant shall have any right of recourse as a result thereof.
  • The Company reserves the right to extend, reasonably shorten or suspend any Campaign SOW whenever it should so choose for technical, commercial, operational reasons, or for the greater public good, or due to a “force majeure” or generally for any reason whatsoever within its sole discretion, on condition that it notifies the participants in a manner that is expedient according to its best ability.
  • The Company may sell, assign, transfer, and/or license any of its rights hereunder.
  • Applicant’s must be legally able to perform the services.
  • You recognize all inherent risks and hazards that exist and accept any engagement at entirely your own risk. You waive any claim of whatsoever nature against the Company, its representatives and/or the client, in respect of loss, damage or injury howsoever arising from this Agreement and/or performance of a Campaign SOW.
  • No Party shall be liable for failure to or delay in the performance of its obligations, to the extent that such failure or delay is caused by or results from events that are beyond the reasonable control of such Party. The affected Party shall immediately notify the other of force majeure circumstances.