The Brand Champion Program
Sword & Plough is a veteran-owned, socially responsible fashion brand that incorporates surplus military material into stylish product designs. All of our bags and accessories are MADE IN AMERICA and we work with manufacturers and other partners that are veteran-owned, or employ veterans in some capacity. We also donate 10% of our profits to veteran organizations.
You love Sword & Plough and we love you! We are currently hiring for the Brand Manager position which is a remote, part-time sales role. Our Brand Champion Program is a grassroots way for you to bring Sword & Plough to the heart of your community, expand S&P’s impact, and for us to give back to you, our amazing supporters.
+ Spread the word about Sword & Plough in your community, family, base/campus, and social media networks
+ Sport your S&P gear
+ Be an active member of the Sword & Plough Community
+ Be a supportive champion for veterans
+ IMPACT: Bring social and environmental change to the heart of your community.
+ COMMUNITY: Join the Sword & Plough Community -- Our Brand Managers are change-makers, doers and impacting members of their community from all over America. Get involved and supported through our Brand Champion Community. You may even be able to attend our local S&P meetups.
+ SWAG: Rock your S&P shirt, and earn fun S&P gear through achieving goals. As an S&P Brand Manager, you get access to exclusive discounts and flash sales.
+ PERSONAL COACHING: We are committed to supporting you in your role on our team! That’s why we have a Community Programs Manager dedicated to making your experience fun, successful and lasting.
+ BE AN INSIDER: As an S&P Brand Manager, you are the first to hear of any exciting S&P update, new product, sale, promotion, or newsflash.
+ EARN MONEY: As an S&P Brand Manager, you start out earning commission on all sales you initiate, with room for rapid growth.
+ FIRST DIBS: Our Brand Managers get first consideration for future career or internship opportunities within Sword & Plough.
Please read this Brand Champion Program Agreement carefully before you join our Brand Champion Program or begin marketing our Brand Champion Program. By applying to be a Sword & Plough Brand Manager ("Brand Manager"), you (a) agree to abide by these terms and conditions if you are accepted into the Brand Manager Program, (b) acknowledge and agree that these terms and conditions constitute an agreement between us and you upon your acceptance into the Program (the "Agreement"); (c) represent and warrant that you are lawfully able to enter into this Agreement; and (d) acknowledge and agree that you are and will remain in compliance (and will be responsible for assuring that your employees, agents and contractors comply) with the terms and conditions of this Agreement.
As used in this Agreement:
The purpose of this Program is to permit you to advertise our Products and earn commissions for Qualifying Purchases.
In order to be eligible for the Program you must be at least 18 years of age and a US resident. To enroll please complete the entire Sword & Plough Brand Champion Program application. After receiving your application, we will review your submission. If we wish to move forward with your submission, we will reach out to set up a Skype interview. If we do not wish to pursue your application further, we will notify you of your application’s rejection. The initial enrollment process (notification of an interview or rejection) usually takes 2 weeks. Those applicants offered an interview will usually receive notice of final acceptance or rejection within 2-3 business days after the interview.
We reserve the right to accept or reject any Brand Manager we review. Whether we choose to offer you an interview or reject your as an Brand Manager, we will usually notify you by e-mail within 2 weeks. An interview offer does not guarantee acceptance into the program. Sword & Plough will exercise its own discretion during the decision making process and may decide to reject any application as we see fit.
An Brand Manager account may be cancelled by Sword & Plough at any time without cause or reason. We may also cancel your account if you breach these terms or engage in any of the following: defamation, misrepresentation made to us, spam email used to promote the Brand Manager, posting referral codes on unapproved websites, uploading referral codes through the use of unapproved methods, running sites that we feel might bring Sword & Plough disrepute, or violating applicable laws and regulations.
A Brand Manager may cancel his/her account with Sword & Plough at any time without cause or reason. A Brand Manager account belonging to an individual will also terminate automatically upon death of such individual. Brand Manager accounts are non-transferable. The Brand Manager account will belong to the original registered owner until such time as the account is canceled by either party.
Upon acceptance into the Sword & Plough Brand Champion Program you will be emailed links, passwords and the related information necessary to gain access to your unique control panel. From there you can manage your account, make updates and track your commissions and payouts.
Brand Managers will be issued three unique discount codes (10%, 15% and 20% OFF). Each of these codes is unique to your account. The 10% and 15% OFF coupon codes may be used at your discretion. The 20% OFF coupon code is reserved exclusively for active duty military personnel, veterans and their spouses and CANNOT be given to anyone who does not meet those requirements.
When you use discount codes, these codes will be used to track your sales referrals. It is the Brand Manager’s responsibility to ensure that the appropriate discount code is used by the customer. If a customer does not use the discount code, the purchase cannot be tied to the Brand Manager and the Brand Manager will not receive commission for that sale.
Sword & Plough may modify or discontinue discounts codes at any time upon notice to Brand Manager.
Upon acceptance into the Program, you will be provided with a unique tracking link. This link redirects to the Sword & Plough website. When a customer clicks on your link, they are directed to the Sword & Plough website and a small “tracking pixel” is placed on their web browser. This allows us to track their actions while on our website. If the customer makes a purchase within 30 days of clicking on the link, you will receive credit for that purchase. After this 30 day period the customer must click on the Brand Manager’s link again in order for a commission to be earned.
Please note that commissions may not be reported if a customer has their cookie protection settings set to a high level. This may block and prevent the necessary cookies from being installed thus preventing the accrual of commissions that you as the Brand Manager may earn.
Sword & Plough is not responsible for sales lost through high security settings, firewall parameters, or any other settings or equipment which prevent the necessary cookies from being installed.
Brand Managers are solely responsible for the development, operation, maintenance and technical operation of their sites including all materials that appear on their sites and related equipment.
When linking to our website, you agree:
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using "out" redirects from the same domain where the referral link is placed.
Brand Managers understand that payment tracking can never be 100% accurate and this may be affected by events beyond our control. Sword & Plough is not responsible for lost commission due to the customer’s failure to use the Brand Manager’s unique discount code or referral link or other events beyond Sword & Plough’s control.
As a Brand Manager, you will be paid a commission for each of your Qualified Purchases made while your account is in effect as follows:
+ For $0 - $5,999 in Total Net Sales Revenue (defined below), you will receive 10% of the Net Sales Price, as defined below
+ For $6,000 - $11,999 in Total Net Sales Revenue, you will receive 15% of the Net Sales Price, as defined below
+ For $12,000 or more in Total Net Sales Revenue, you will receive 20% of the Net Sales Price, as defined below
“Total Net Sales Revenue” is defined as the cumulative amount of revenue you have generated for Sword & Plough AFTER any discounts are applied and BEFORE tax and shipping charges.
“Net Sales Price” is defined as the final sale price AFTER any discounts are applied and BEFORE tax and shipping charges.
All payments will be made via PayPal in US dollars. You will need to create a PayPal account if you do not already have one. Sword & Plough is not responsible for any merchant processing fees that may be assessed by PayPal. Additional information can be found at www.paypal.com.
Payments for Qualifying Purchases concluded each calendar month will be made within 30 days after the end of such month.
The price of our products may change at any time and without notice and there is no guaranteed minimum payment for any Qualifying Purchase.
Sword & Plough is not responsible for sales lost through technical issues such as, service outages, service interruptions, website updates, and server updates.
Brand Managers will not earn commissions on Qualifying Purchases that Sword & Plough determines, in its sole discretion, were (i) generated in violation of this Agreement or applicable laws and regulations, (ii) cancelled or returned by the customer, or (iii) illegitimate or fraudulent, including a purchase made with use of a stolen or unauthorized credit card (collectively, “Invalid Purchases”). If a commission has not yet been paid on an Invalid Purchase, Sword & Plough will void the commission for such Invalid Purchase. If a commission has already been paid on an Invalid Purchase, Sword & Plough may offset the commission on the Invalid Purchase against Brand Manager’s other commissions (or, if no other commissions are payable, Brand Manager shall refund the commissions on Invalid Purchases to Sword & Plough).
Brand Managers are responsible for all taxes as required by any law or regulation. Brand Managers agree, as a condition of payment, to accurately provide all identification and tax information necessary to allow us to comply with legal requirements.
You will be asked to submit a W-9 upon acceptance into the Brand Champion Program and you will be issued a 1099 should your commissions exceed $600 in one calendar year.
Your account will not be activated until a completed W-9 is submitted.
Sword & Plough grants you a non-exclusive, non-transferable, revocable right to use our banners, advertisements, links, trademarks, logos, and HTML (“Sword & Plough Property”) solely for the purpose of advertising the Sword & Plough website. Such license shall terminate immediately upon cancellation of your account and you shall cease all use of such Sword & Plough Property and return all of such Sword & Plough Property to Sword & Plough.
Brand Managers are solely responsible for their own advertising, which must be truthful and not deceptive and in compliance with all applicable laws and regulations. You shall not create, publish, distribute, or print any written or visual material that makes reference to Sword & Plough without first submitting that material to us (via email@example.com) and receiving our prior written consent.
It is against applicable federal and state law to engage in certain forms of commercial advertising using emails. If you intend to promote Sword & Plough via e-mail campaigns, you must adhere to the following:
Any Brand Manager found to have sent email in violation of the foregoing email requirements, may, at our discretion, have their account and right to use and/or market our products and services terminated. Any owed commissions will be forfeited to us.
If you wish to promote coupon codes or promotions, you must adhere to all of the following:
As a Brand Manager, you are welcome to advertise your 10% or 15% OFF referral codes on your business or personal website. Your 20% OFF code is EXCLUSIVELY RESERVED for active duty personnel, veterans and the spouses of either. If you wish to issue a 20% OFF code to one of these qualifying customers, you must do so through private communication (private email, social media message, phone or in-person). It is your responsibility to verify that the recipient is an active duty member of the military, a veteran, or a spouse of either.
You hereby represent and warrant that you will be solely responsible for your website, including its development, operation and maintenance and all data, content and materials that appear on or within it. Sword & Plough will have no liability (and you shall indemnity and hold us harmless) for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) your website or any data, content or materials that appear on your website; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this Agreement.
You and your participating website(s) shall not:
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
You ARE NOT allowed to participate in Pay Per Click ("PPC") advertising.
In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise).
You shall comply with all FTC guidance and regulations related to advertising disclosure requirements, including, but not limited to the following:
The ability to advertise our products and services as an Brand Manager is nonexclusive and revocable at our discretion for any or no reason.
As a Brand Manager, you are acting exclusively as an independent contractor, and are not an employee or agent. Nothing in this Agreement or our Brand Champion Program shall create a partnership, joint venture, agency, or franchise between the parties. Brand Managers shall not sign any document in our name or on our behalf, nor shall any Brand Manager hold itself out as being our agent or as having apparent authority to contract for or bind us to any contract.
We reserve the right to terminate or revise the Program at any time, including by notifying you by email or posting on the website for the Program. If we post on the website, you will be bound by such posting by continuing to use the Program.
YOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, THE DOCUMENTATION, OUR WEBSITE, YOUR ACTIVITIES IN CONNECTION WITH THIS AGREEMENT (INCLUDING ANY DAMAGES OR CLAIMS RESULTING FROM DIGITAL OR IN-PERSON EVENTS OR MARKETING ACTIVITIES), OR THE SERVICE OFFERINGS (AS DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
You agree to defend, indemnify, and hold harmless us and our affiliates, managers, officers, employees, agents, partners, owners and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any breach of this Agreement or any activity arising in connection with your use of our website or service offerings.
THE PROGRAM, OUR WEBSITE, ANY PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, SWORDANDPLOUGH.COM DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING TRADEMARKED TERMS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OWNERS, PARTNERS, AND LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE PRODUCTS OR SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OWNERS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, THIS AGREEMENT, PROGRAM CONTENT, OPERATIONAL DOCUMENTATION, OR OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OWNERS, AND LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM.
You and Sword & Plough mutually agree to resolve any disputes between you and Sword & Plough, including any disputes involving your use of the Services, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Sword & Plough LLC, 164 South Humboldt St., Denver, CO 80209 Attn: Legal Department.
CLASS ACTION WAIVER: You and Sword & Plough mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action ("Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Rules"), except as follows:
The JAMS Rules may be found at www.jamsadr.com or by searching for "JAMS Comprehensive Arbitration Rules and Procedures" using a service such as www.Google.com or www.Bing.com.
Other than the arbitration agreement provided herein, this Agreement shall be construed and governed by the laws of the State of Colorado, without regard to principles of conflicts of laws. To the extent that any lawsuit is permitted under this Agreement, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state or federal courts located in the County of Denver, Colorado. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
SWORD & PLOUGH MAY UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY PUBLISHING A NEW VERSION ON OUR WEBSITE OR BY SENDING NOTICE OF ANY MODIFICATIONS TO YOU VIA EMAIL TO THE EMAIL ADDRESS CURRENTLY ASSOCIATED WITH YOUR BRAND MANAGER ACCOUNT (AND SUCH CHANGE BY EMAIL WILL BE EFFECTIVE ON THE DATE SPECIFIED IN SUCH EMAIL AND WILL IN NO EVENT BE LESS THAN TWO DAYS AFTER THE DATE THE EMAIL IS SENT). BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF ANY CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT, AS AMENDED BY ANY SUCH CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY NOTIFYING SWORD & PLOUGH.
IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT BY US SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH PROVISION OR ANY OTHER PROVISION, AND OUR FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND SWORD & PLOUGH WITH RESPECT TO THE SUBJECT MATTER HEREIN AND SUPERSEDES ALL PRIOR WRITTEN AND ORAL AGREEMENTS, DISCUSSIONS OR REPRESENTATIONS BETWEEN US.
Sword & Plough
1800 W. Oxford Ave. Unit G
Englewood, CO 80110
© 2016 Sword & Plough
You can email us at firstname.lastname@example.org with any specific questions.
We typically respond within 1-2 business days.
West Point Cadet
Sarah Grace Byrd