Ambassador Program Terms & Conditions

Effective Date: 6/8/2026

These Terms and Conditions ("Agreement") govern participation in the Tomboyx Ambassador Program ("Program") operated by Tomboyx, Inc. ("Tomboyx," "we," "us," or "our"). By applying to or participating in the Program, you ("Ambassador," "you," or "your") agree to be bound by this Agreement in full. Please read it carefully before applying.

  1. Program Overview
    The tomboyx Ambassador Program is an affiliate and creator collaboration initiative designed to support content creators who authentically share our mission of inclusive, gender-affirming apparel. Ambassadors promote tomboyx products through their social media channels and other platforms in exchange for commission, gifted products, and other benefits described herein.
  2. Eligibility Requirements
    To be eligible for and maintain good standing in the Program, you must:
    - Be at least 18 years of age
    - Be a legal resident of or authorized to work in the United States
    - Maintain an active, public-facing Instagram or TikTok account with a minimum of 2,000 engaged followers
    - Have an authentic interest in tomboyx products and our brand values
    - Not be employed by a direct competitor of tomboyx
    - Comply with all applicable federal, state, and local laws, including FTC disclosure requirements
    tomboyx reserves the right to verify eligibility at any time and to deny or revoke participation if eligibility requirements are not met.
  3. Application and Acceptance
    Submission of an application does not guarantee acceptance into the Program. tomboyx reviews all applications at its sole discretion and may accept or decline any applicant for any reason. Acceptance will be communicated via the email address provided in your application. tomboyx reserves the right to limit the number of active Ambassadors at any time.
  4. Ambassador Benefits
    4.1 Gifted Products
    Accepted Ambassadors may receive complimentary tomboyx products ("Gifted Products") for content creation purposes. The type, quantity, and frequency of Gifted Products are determined by tomboyx at its sole discretion and may vary by Ambassador tier, seasonal availability, and campaign needs. Gifted Products are provided in exchange for content creation and are not returnable for cash value.
    4.2 Affiliate Commission
    Ambassadors may earn commission on qualifying sales generated through their unique affiliate link or discount code. Commission rates are as follows:
    - New customer sales: 25% of the net sale value
    - Returning customer sales: 15% of the net sale value
    Commissions are subject to the following:
    - Commissions are earned only on completed, non-returned purchases made through your unique affiliate link or code
    - Orders placed by the Ambassador themselves are not eligible for commission
    - Commission payments are subject to a minimum payout threshold of $25 and are issued after a 30 day holding period via [payment method to be specified]
    tomboyx reserves the right to adjust commission rates with 30 days' written notice
    4.3 Follower Discount Codes
    tomboyx may provide Ambassadors with unique discount codes to share with their audiences. The discount percentage, duration, and terms of follower codes are set by tomboyx and may be changed or discontinued at any time.
    4.4 Social Media Features
    tomboyx may, at its discretion, feature Ambassador-created content on tomboyx's social media channels, website, email campaigns, or other marketing materials. Feature opportunities are not guaranteed and are selected based on content quality, brand alignment, and campaign needs.
    4.5 Early Access
    Ambassadors in good standing may receive early access to new product drops and collections. Early access is provided at tomboyx's discretion and is not guaranteed for every Ambassador or every launch.
  5. Ambassador Obligations
    5.1 Content Requirements
    As an Ambassador, you agree to:
    - Create authentic, original content featuring tomboyx products as agreed upon with the tomboyx team.
    - Clearly disclose your relationship with tomboyx in all sponsored content, in compliance with FTC guidelines (e.g., using #ad, #sponsored, or #tomboyxAmbassador)
    - Only make truthful, accurate claims about tomboyx products
    - Not make any health, medical, or comparative claims about tomboyx products without prior written approval
    - Ensure all content complies with the platform's terms of service on which it is posted
    5.2 Brand Standards
    Ambassadors agree to represent tomboyx in a manner consistent with our brand values of inclusivity, authenticity, and self-expression. You agree not to:
    - Post content that is discriminatory, hateful, violent, sexually explicit, or otherwise harmful
    - Make statements that disparage or defame tomboyx, its products, employees, or affiliates
    - Post content that conflicts with tomboyx's values of gender inclusivity and community support
    - Use tomboyx branding, trademarks, or imagery in a way not expressly approved by tomboyx
    5.3 Content Deliverables
    tomboyx may establish minimum content deliverable requirements (e.g., number of posts per month) as a condition of receiving Gifted Products or maintaining commission eligibility. Any such requirements will be communicated to you in writing and may be updated with 30 days' notice.
    5.4 Account Authenticity
    You represent and warrant that your follower count and engagement metrics are genuine. You may not use bots, purchased followers, engagement pods, or any artificial means to inflate your social media metrics. Violation of this provision is grounds for immediate termination.
  6. Intellectual Property
    6.1 License to tomboyx
    By participating in the Program and creating content featuring tomboyx products, you grant tomboyx a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, publish, and distribute your content across tomboyx's marketing channels (including but not limited to social media, website, and email) during and for one year after your participation in the Program. tomboyx will make reasonable efforts to credit you when your content is used, but is not obligated to do so.
    6.2 tomboyx Intellectual Property
    Nothing in this Agreement grants you any ownership of or license to tomboyx trademarks, trade names, logos, product images, or other brand assets beyond what is necessary to fulfill your Ambassador obligations. You may not alter tomboyx's branding or create derivative works from tomboyx's brand assets without prior written consent
  7. FTC Compliance and Legal Disclosure
    You are responsible for complying with all applicable laws and regulations governing your participation in the Program, including without limitation the Federal Trade Commission's ("FTC") Endorsement Guides. This means you must:
    - Clearly disclose your material connection to tomboyx whenever you post about tomboyx products
    - Include disclosures in a clear manner that is easy for your audience to notice and understand
    - Not make deceptive claims about tomboyx products
    Tomboyx is not responsible for any failure by an Ambassador to comply with applicable laws or regulations. Any legal or regulatory actions arising from an Ambassador's failure to disclose their relationship with Tomboyx are solely the Ambassador's responsibility.
  8. Taxes
    Ambassadors are independent contractors, not employees, of tomboyx. You are solely responsible for reporting and paying all taxes applicable to compensation you receive through the Program, including commissions and the fair market value of Gifted Products. tomboyx will issue IRS Form 1099 where required by law. You agree to provide any required tax information (e.g., Form W-9) upon request.
  9. Confidentiality
    In connection with your participation in the Program, you may receive non-public information about tomboyx products, campaigns, or business operations ("Confidential Information"). You agree not to disclose Confidential Information to any third party without tomboyx's prior written consent, and to use it only for purposes of fulfilling your Ambassador obligations. This obligation survives termination of your participation in the Program.
  10. Term and Termination
    10.1 Term
    This Agreement begins upon your acceptance into the Program and continues until terminated by either party.
    10.2 Termination by You
    You may withdraw from the Program at any time by providing written notice to tomboyx at socialmedia@tomboyx.com or help@tomboyx.com. Upon withdrawal, your affiliate link and discount codes will be deactivated.
    10.3 Termination by tomboyx
    tomboyx may suspend or terminate your participation in the Program at any time, with or without cause, by providing notice to the email address on file. Grounds for immediate termination without notice include, but are not limited to:
    - Violation of any provision of this Agreement
    - Use of fraudulent, deceptive, or manipulative practices
    - Actions that bring tomboyx into disrepute or harm the tomboyx brand
    - Failure to maintain eligibility requirements
    - FTC compliance violations
    10.4 Effect of Termination
    Upon termination, you must immediately cease using tomboyx affiliate links, discount codes, and brand assets. tomboyx will pay any commissions earned through the termination date that meet the minimum payout threshold, subject to the 30-day return period for associated orders having passed. Gifted Products do not need to be returned unless termination is due to a material breach.
  11. Modification of Program
    tomboyx reserves the right to modify, suspend, or discontinue the Ambassador Program or any aspect of it at any time. Material changes to commission rates or Program benefits will be communicated to active Ambassadors with 30 days' written notice. Continued participation in the Program after notice of changes constitutes acceptance of the updated terms.
  12. Limitation of Liability
    To the fullest extent permitted by applicable law, tomboyx shall not be liable to you for any indirect, incidental, consequential, punitive, or special damages arising out of or related to your participation in the Program, including without limitation loss of profits, loss of data, or loss of goodwill. tomboyx's total cumulative liability to you shall not exceed the total commissions paid to you in the three (3) months preceding the claim.
  13. Indemnification
    You agree to indemnify, defend, and hold harmless tomboyx, its officers, directors, employees, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of this Agreement; (b) your content; (c) your failure to comply with applicable laws, including FTC disclosure requirements; or (d) your negligence or willful misconduct.
  14. Governing Law and Dispute Resolution
    This Agreement is governed by the laws of the State of Washington, without regard to its conflict of law provisions. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration to be conducted in Seattle, Washington. Notwithstanding the foregoing, tomboyx may seek injunctive or other equitable relief in any court of competent jurisdiction.
  15. Miscellaneous
    - Entire Agreement: This Agreement constitutes the entire agreement between you and tomboyx with respect to the Program and supersedes any prior agreements or understandings.
    - Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
    - No Waiver: tomboyx's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
    - No Assignment: You may not assign your rights or obligations under this Agreement without tomboyx's prior written consent.
    - Independent Contractor: You are an independent contractor and not an employee, partner, or agent of tomboyx.
  16. Contact Information
    Questions about the Ambassador Program or these Terms & Conditions may be directed to:
    Tomboyx Ambassador Program
    socialmedia@tomboyx.com
    help@tomboyx.com

By participating in the Tomboyx Ambassador Program, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.