tambassador terms of service
effective September 30, 2021
Welcome to the TAMbassador Program! The Arrington Method, LLC (“Company”, “we” or “us”) offers an online community forum on www.arringtonmethod.com (“Company Service”) which aims to provide a platform that offers a community environment for those interested in creative program management. As a TAMbassador of TAM, you (“TAMbassador” or “you”) help moderate and manage user group(s) to spread the word about the Company to others and in exchange become eligible to receive TAMbassador Perks (“Perks”). To participate, you must accept these terms and conditions (“Terms”) governing the TAMbassador Program (“TAMbassador Program”). By accepting the role of TAMbassador you are acknowledging and agreeing to these Terms and conditions.
Unlimited access and interaction to TAMbassador exclusive forum.
Early access to new program experiences
Monthly inspirational chats with TAM Mavens
Customized welcome package
TAMbassador Program Requirements:
Being a TAMbassador is so unique and special that it requires a recommendation and is invite only.
How to maintain TAMbassador status:
Adhere to TAMbassador Program guidelines and code of conduct.
Attend four monthly inspirational chats
Represent TAM and support new community members.
Subject to these Terms, TAMbassador may distribute any materials provided by TAM to TAMbassador (“Company Materials”) to any third party who is interested in the Company Service.
Rules and Restrictions
A TAMbassador represents, warrants and covenants that they shall: (a) ensure that its activities under these Terms comply with all applicable laws, rules and regulations (including laws related to anti-corruption/anti-bribery); and (b) not, nor allow any third party to (i) alter or edit any Company Materials; (ii) distribute Company Materials electronically or otherwise except as permitted by these Terms; (iii) post Company Materials on property other than TAMbassador’s without prior written consent of the owner; (iv) make any representations or warranties on behalf of TAM or regarding any Company Service; or (v) engage in any fraudulent or illegal activity. TAM agrees to offer to TAMbassador the then-current perks set forth in the Program guidelines.
TAM expects behavior in line with TAMbassador code of conduct, which includes commitment to maintaining awareness of and comply with applicable laws and regulations in all jurisdictions where TAM conducts business, and where TAMbassador is a representative of TAM.
The TAMbassador will commit to never offer, promise, give or pay (directly or indirectly) something of value in order to obtain or retain business or improperly influence a recipient’s actions, or accept such an improper payment or benefit, while working on behalf of its customers.
Providing gifts or entertainment to the employees of TAM customers to obtain or retain business or gain improper advantage is prohibited. Furthermore, it is never appropriate to give or receive a gift or offer of entertainment that is extravagant, creates a sense of obligation, or has the intent to influence a business decision.
An exception allows the employees of our customers to accept minor value marketing or “swag” items bearing trademark or logo of TAM (e.g., cups, pens, mousepads, notepads, stickers or tokens) as a business courtesy if the customer employee is not primarily involved in the sourcing, procurement, or contracting for goods or services.
TAMbassadors recognize responsibility to protect the environment. Commiting themselves to conducting operations in ways that are environmentally responsible and in compliance with all applicable environmental laws, regulations and standards.
TAMbassadors will commit to avoiding situations or relationships that involve an inappropriate conflict, or the appearance of a conflict, with the interests of its customers. Treat all individuals with respect and dignity; Respect and safeguard individual privacy rights; Prohibit violent behavior, harassment and discrimination.
TAM may modify the terms of any Company Service or Materials offered by TAM and any Perks that may be offered to TAMbassador at any time. Any expenses incurred by TAMbassador related to the Program shall be subject to prior written approval by the TAM and must be submitted in compliance with the TAM’s Travel and Expense Policies.
Term and Termination
These Terms will take effect as of the date of acceptance of the invitation and will continue until terminated by either party in accordance with this Section (the “Term”). Either party may terminate these Terms for convenience upon seven (7) days’ written notice to the other party (email sufficient), and TAM may terminate immediately for your breach of these Terms. Upon any expiration or termination of these Terms, TAMbassador shall cease distributing Company Materials and return to TAM any Confidential Information in its possession, or destroy such Confidential Information and certify destruction. Termination is not an exclusive remedy and the exercise by either party of any remedy under these Terms will be without prejudice to any other remedies it may have under these Terms. Rules and Restrictions, Term and Termination, warranty disclaimer, Limitation of Liability, Indemnification, Confidential Information; Ownership and General will survive any termination or expiration of these Terms.
The TAM website, company service and company materials are provided “as is”. TAM does not make and hereby disclaims to the fullest extent permitted by applicable law, any representations, warranties and covenants, whether expressed or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement.
Limitation of Liability
TAM shall not be liable for any indirect, special, incidental, punitive, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. Notwithstanding any other provision of these terms, TAM’s entire liability under these terms shall not exceed the amount payable by company to TAMbassador under these terms in the twelve (12) months preceding the incurring of any such liability. The parties agree that the limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
TAMbassador hereby agrees to defend (at TAM’s request), indemnify and hold harmless TAM, its affiliates, and each of their respective officers, directors, employees, representatives, licensees and agents, from and against and in respect of any and all claims, demands, actions, losses, liabilities, costs, expenses and damages of any kind or nature (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”) arising out of or in connection with: (a) TAMbassador’s breach or alleged breach of this Agreement; or (b) the negligent, willful or reckless acts or omissions, dishonesty or fraud of or by TAMbassador or its agents, employees or representatives. TAM will give TAMbassador prompt written notice of any Claim and will cooperate in relation to the Claim at TAMbassador’s expense. TAM may participate in the defense of any Claim at its expense.
Confidential Information; Ownership
Information you learn about the Company Service (including any performance data) and any other non-public information you may learn about TAM during your participation in the TAMbassador Program is highly confidential to TAM (“Confidential Information”). You agree to use Confidential Information only as part of your participation in the TAMbassador Program and for no other purpose. If you breach this TAM will be entitled to seek equitable relief to protect its interest (among other remedies). TAM and its suppliers retain all right, title and interest (including all intellectual property rights) in and to all Confidential Information, trademarks and brand elements, the Company Service, any related underlying technology and documentation, and any modification or derivative works thereto. You have no permission to use any TAM trademarks or other brand elements except as embodied in the Company Materials.
TAMbassador may not transfer, assign or delegate any of its rights or obligations under this Agreement. TAM may freely transfer, assign or delegate any of its rights or obligations under this Agreement.
Non-permitted assignments are void. TAMbassador is an independent contractor of TAM and not an employee, partner, agent or joint venture partner and TAMbassador is not eligible for any benefits (including stock options, health insurance or retirement benefits) normally provided by TAM to its employees. Any notice or consent under this Agreement will be in writing to the addresses specified below.
If any provision is found to be unenforceable, it (and related provisions) will be interpreted to best accomplish the parties’ intended purpose. In this Agreement, “including” means “including without limitation” (and similar terms will be construed without limitation) and headings are for convenience only and will not affect interpretation. Amendments must be in writing and signed by both parties. Waivers must be signed by the waiving party and one waiver will not imply any future waiver. This Agreement will be construed pursuant to the laws of, the State of Texas and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods.
Any suit or proceeding arising out of or relating to this Agreement must be commenced in a federal court in the state of Texas or in a state court in Houston, Texas, and each party irrevocably submits to the jurisdiction and venue of such courts. This Agreement is non-exclusive; nothing herein prohibits TAM from creating or offering any similar product or service or entering into any similar agreement with any other party. This Agreement is the parties’ entire agreement regarding its subject matter and supersedes and cancels all previous agreements and communications (written or oral) relating to its subject matter.
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