KINGZ KIMONOS ATHLETE AMBASSADOR & AFFILIATE PROGRAM TERMS AND CONDITIONS — PARTICIPANT AGREEMENT
KINGZ KIMONOS
ATHLETE AMBASSADOR & AFFILIATE PROGRAM
TERMS AND CONDITIONS — PARTICIPANT AGREEMENT
IMPORTANT — PLEASE READ CAREFULLY BEFORE PARTICIPATING
This Athlete Ambassador & Affiliate Program Agreement ("Agreement") is entered into between Kingz Kimonos, a brand of Fighters Market Inc. ("Kingz," "Company," "we," or "us") and the individual who checks the acceptance box on the Program sign-up form ("Athlete," "Ambassador," "Participant," or "you"). By joining the Kingz Athlete Program, submitting an application, accepting an affiliate link, creating or submitting content, or posting on social media in association with Kingz, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions set forth in this Agreement.
This Agreement governs your participation in the Kingz Affiliate Program (powered by Social Snowball), your creation and submission of content, and the grant of rights to Kingz regarding your name, image, likeness, and all content you produce in connection with the Program.
1. Definitions
For the purposes of this Agreement, the following terms have the meanings set out below:
- "Program" means the Kingz Kimonos Athlete Ambassador & Affiliate Program, including all affiliate marketing, content creation, and social media obligations described herein.
- "Content" means any and all photographs, videos, Reels, Stories, clips, images, graphics, text, captions, testimonials, reviews, and any other material created, posted, or submitted by you in connection with the Program or while wearing, using, or referencing Kingz products.
- "Affiliate Link" means the unique, trackable URL assigned to you by Kingz through Social Snowball for the purpose of generating referred sales.
- "NIL" means Name, Image, and Likeness — your personal identity, appearance, voice, and persona.
- "Commission" means the monetary compensation earned by you for qualifying purchases made through your Affiliate Link, as determined by Kingz in its sole discretion.
- "Intellectual Property" means all copyrights, trademarks, trade names, logos, patents, trade secrets, and any other proprietary rights.
- "Kingz Marks" means the Kingz Kimonos name, logos, wordmarks, and brand identifiers as outlined in the Kingz Brand Guide.
2. Program Participation & Eligibility
2.1 Eligibility
To participate in the Program, you must: (i) be at least 21 years of age; (ii) have an active, public social media account; (iii) complete the onboarding process via Social Snowball; and (iv) agree to all terms of this Agreement.
2.2 Nature of Relationship
Your participation in the Program does not create an employment, agency, partnership, or joint venture relationship between you and Kingz. You are an independent contractor. You are solely responsible for all taxes, withholdings, and obligations arising from any compensation received under this Agreement.
2.3 Program Changes
Kingz reserves the right to modify, suspend, or terminate the Program, the commission structure, or any individual's participation at any time, with or without notice, for any reason or no reason, in its sole and absolute discretion.
2.4 Non-Exclusivity
This Agreement is non-exclusive unless a separate written exclusivity agreement is executed. Kingz may engage other athletes, ambassadors, and affiliates at any time.
3. Grant of Rights — Image, Content & Intellectual Property
3.1 Irrevocable, Perpetual License
By participating in the Program, creating Content, or submitting any materials to Kingz, you hereby grant to Kingz Kimonos, a brand of Fighters Market Inc. and its affiliates, successors, licensees, and assigns a WORLDWIDE, IRREVOCABLE, PERPETUAL, NON-EXCLUSIVE, ROYALTY-FREE, FULLY PAID-UP LICENSE to:
- Use, reproduce, distribute, display, publish, broadcast, and transmit your Content across all platforms and media;
- Edit, crop, reformat, modify, adapt, translate, create derivative works from, and incorporate your Content into other materials;
- Use your name, photograph, likeness, voice, biographical information, social media handles, and other NIL elements in connection with the promotion and marketing of Kingz products;
- Use your Content in paid advertising, sponsored posts, digital ads, print media, billboards, point-of-sale displays, trade shows, lookbooks, catalogs, packaging, and any other commercial or promotional materials;
- Sub-license your Content to third-party advertising partners, media agencies, distributors, and retailers in connection with Kingz marketing campaigns;
- Archive and store your Content indefinitely for internal and external use;
- Feature your Content on Kingz-owned social media accounts, website, email marketing, and any other owned or operated channel.
3.2 Scope of Media
The license granted in Section 3.1 applies across ALL media now known or hereafter invented, including but not limited to:
- Social media platforms (Instagram, TikTok, Facebook, YouTube, Pinterest, X, Threads, and all successor platforms);
- Digital advertising networks and programmatic ad platforms;
- Print media including magazines, newspapers, flyers, posters, and catalogs;
- Out-of-home advertising including billboards, transit ads, and event signage;
- Television, streaming, and broadcast media;
- E-commerce platforms and product listings;
- Email and SMS marketing campaigns;
- Internal training, pitch decks, investor presentations, and brand documentation.
3.3 No Compensation for License
Unless separately agreed upon in writing, the license granted in this Section 3 is provided in consideration of your participation in the Program, access to the Affiliate Link, the customer discount associated with your link, and any commissions earned. No additional compensation shall be owed to you for Kingz's use of your Content or NIL pursuant to this Agreement.
3.4 Moral Rights Waiver
To the maximum extent permitted by applicable law, you irrevocably waive any moral rights, rights of attribution, rights of integrity, or similar rights you may have in any Content provided or created under this Agreement.
3.5 Content Ownership
You retain ownership of the copyright in your original Content, subject to the license granted herein. Kingz does not claim ownership of your Content — only the license rights described above. If Kingz creates Content featuring you (photographed or filmed by Kingz), Kingz shall own all rights to such Content, and you grant Kingz an additional right to use such Content as described in Section 3.1.
3.6 Monthly Upload & Library
As part of your Program participation, you agree to submit Content to Kingz via the designated monthly upload link provided by Kingz. Submitted Content is subject to the full license described in this Section 3. Failure to submit monthly Content may result in your removal from the Program.
4. Social Snowball Affiliate Program
4.1 Affiliate Link
Upon acceptance into the Program, you will receive a unique Affiliate Link through Social Snowball. This link is personal to you and may not be transferred, sold, or assigned to any third party. You are responsible for all activity associated with your Affiliate Link.
4.2 Commission Structure
You will earn a commission on qualifying purchases made through your Affiliate Link. Commission rates are set by Kingz and may be changed at any time with or without notice. Commissions are tracked with a 30-day attribution window: any purchase made within 30 days of a customer clicking your Affiliate Link will be attributed to you, provided no other affiliate link is clicked in the interim.
4.3 Customer Discount
Your Affiliate Link automatically applies a 15% discount to qualifying purchases made by customers who click through it. This discount is a benefit to your audience and does not affect your commission calculation unless otherwise specified by Kingz in writing.
4.4 Payment
Commissions are paid through Social Snowball according to the payout schedule and minimum thresholds set by the platform. You are responsible for providing accurate payment information and for any taxes owed on commissions received. Kingz reserves the right to withhold payment pending investigation of suspected fraud, misuse, or violation of this Agreement.
4.5 Prohibited Conduct
In connection with your Affiliate Link, you agree NOT to:
- Self-purchase or purchase on behalf of others using your own Affiliate Link;
- Incentivize others to click your link through misleading or deceptive means;
- Use paid advertising to promote your Affiliate Link without prior written consent from Kingz;
- Artificially inflate clicks, conversions, or commission earnings by any means;
- Share your Affiliate Link on platforms or in contexts that violate Kingz's brand guidelines.
5. Content Creation Obligations
5.1 Brand Compliance
All Content created and published in connection with the Program must comply with the Kingz Brand Guide, including logo usage, color standards, and messaging guidelines. You agree not to misrepresent Kingz's products, pricing, or brand values in any Content.
5.2 FTC & Advertising Disclosure
You are solely responsible for complying with all applicable laws and regulations regarding endorsements and sponsored content, including the U.S. Federal Trade Commission (FTC) guidelines and any equivalent regulations in your jurisdiction. You must clearly and conspicuously disclose your relationship with Kingz in all Content, including the use of #ad, #sponsored, or equivalent disclosures as required.
5.3 Content Standards
All Content must: (i) be original and not infringe upon any third-party intellectual property rights; (ii) be truthful and not misleading; (iii) not contain defamatory, obscene, hateful, or illegal material; (iv) not disparage competitors, individuals, or groups; and (v) reflect positively on the Kingz brand.
5.4 Takedown Right
Kingz reserves the right, in its sole discretion, to request that you remove or modify any Content that Kingz believes is inconsistent with its brand standards, misleading, or harmful. You agree to comply with any such request within 24 hours.
6. Brand Protection & Kingz Intellectual Property
6.1 Kingz Marks
Kingz grants you a limited, non-exclusive, revocable license to use the Kingz Marks solely in connection with your permitted Program activities and consistent with the Kingz Brand Guide. You may not: (i) use the Kingz Marks in any way that implies ownership, endorsement, or affiliation beyond your Program role; (ii) alter, distort, or create derivative versions of the Kingz Marks; or (iii) register any domain name, social media handle, or trademark that incorporates the Kingz Marks.
6.2 No Competitive Use
During your participation in the Program, you agree not to create Content that promotes, features, or compares Kingz products unfavorably to competing brands without prior written consent from Kingz. You should not wear or display competing brand gear in Content that also features Kingz products.
6.3 Confidentiality
You agree to keep confidential any non-public information disclosed to you by Kingz in connection with the Program, including commission rates, product launch information, marketing strategies, and business terms. This obligation survives termination of this Agreement.
7. Representations & Warranties
You represent and warrant that:
- You have full legal capacity to enter into this Agreement;
- You own or have the right to grant all rights to the Content you submit, and such Content does not infringe any third-party rights;
- All Content you create is accurate and not misleading;
- Your participation in the Program does not violate any other agreement to which you are a party;
- You will comply with all applicable laws, regulations, and platform terms of service in connection with your Program activities;
- You have obtained all necessary consents from any third parties (including other individuals appearing in your Content) for Kingz's use as described in this Agreement.
8. Indemnification
You agree to indemnify, defend, and hold harmless Kingz Kimonos, a brand of Fighters Market Inc., its officers, directors, employees, agents, licensees, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your breach of this Agreement; (ii) your Content, including any claim of intellectual property infringement; (iii) your use of your Affiliate Link; (iv) your failure to make required disclosures; or (v) your negligence or willful misconduct.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINGZ SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM, EVEN IF KINGZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KINGZ'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO YOU IN THE THREE MONTHS PRECEDING THE CLAIM.
10. Term & Termination
10.1 Term
This Agreement begins on the date you sign or electronically accept it and continues until terminated by either party.
10.2 Termination
Either party may terminate this Agreement at any time by providing written notice to the other. Kingz may terminate immediately for cause, including breach of this Agreement, conduct harmful to the Kingz brand, or violation of applicable law.
10.3 Effect of Termination
Upon termination: (i) your Affiliate Link will be deactivated; (ii) any earned but unpaid commissions will be paid according to the regular schedule, subject to Kingz's right to withhold for investigation; and (iii) the license granted in Section 3 shall SURVIVE termination — Kingz may continue to use Content and NIL rights for any purpose described in this Agreement after termination, in perpetuity, without any further obligation to you.
11. Governing Law & Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, conducted in San Diego County, California. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
12. General Provisions
- Entire Agreement: This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements, understandings, and representations.
- Amendments: Kingz may update these Terms at any time. Continued participation in the Program after notice of changes constitutes acceptance of the updated Terms.
- Severability: If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement.
- Assignment: You may not assign your rights or obligations under this Agreement. Kingz may assign this Agreement freely.
- Electronic Acceptance: Checking the acceptance box on the Program sign-up form constitutes a legally binding agreement equivalent to a handwritten signature, with acceptance recorded by timestamp.
Acceptance — Checkbox Confirmation
By checking the box on the sign-up form and completing your application to the Kingz Kimonos Athlete Ambassador & Affiliate Program, you confirm that:
☐ I have read, understood, and agree to all terms and conditions of this Agreement in their entirety.
☐ I grant Kingz Kimonos, a brand of Fighters Market Inc. a worldwide, irrevocable, perpetual, royalty-free license to use my name, image, likeness, and all Content I create in connection with the Program across all media types and formats, including paid advertising, without any additional compensation.
☐ I understand that this license survives the termination of my participation in the Program and that Kingz Kimonos retains rights to use my Content and likeness in perpetuity after I exit the Program.
☐ I confirm that I am at least 21 years of age, that I have the full legal right to enter this Agreement, and that checking this box constitutes my legally binding acceptance equivalent to a handwritten signature.
By checking the box and submitting your application, your acceptance is recorded with a timestamp and constitutes a legally binding agreement between you and Fighters Market Inc. (Kingz Kimonos). A copy of these Terms will be sent to the email address provided on your sign-up form.
Kingz Kimonos, a brand of Fighters Market Inc. | @kingzkimonos | Established 2011 | Heavy Lies the Crown