Welcome to the MK Advocate Programme. This is a collaboration between you and Michael Kors and these Terms of Service (the “Terms”) are made on the date of your first use of the MK Advocate Programme as below.
Please note, the MK Advocate Programme Platform is hosted by Duel Holdings Limited (“Duel”). You will be required to create a Duel account to participate in the MK Advocate Programme, and your obligations and rights are governed by the Duel platform under the Duel terms of service and privacy policy.
PROGRAMME REQUIREMENTS
As an MK Advocate, you’ll progress through our Insider, Trendsetter, Muse and Icon tiers, completing tasks (including content creation) to gain rewards. You are free to take part in as many challenges as you please. Each challenge rewards you with points which enable you to level up through each tier of our programme. Each time you level up, you will unlock bigger and better rewards and exclusive perks. As an MK Advocate, Michael Kors expects you to:
(1) Have agreed to the Terms of Service for the MK Advocate Programme associated with earning affiliate revenue via the Duel Platform.
(2) Comply with all applicable laws, rules and regulations when creating content, including, but not limited to the Competition and Markets Authority (“CMA”) and Committee of Advertising Practice (“CAP”) compliance guidance “Influencer’s Guide to Making it Clear that Ads are Ads” (https://www.asa.org.uk/influencers).
(3) Comply with Michael Kors endorsement and disclosure requirements as included in the Content Guidelines (below).
(4) Follow all relevant Michael Kors social channels: Instagram: @MichaelKors and TikTok: @MichaelKors.
(5) Publicly share your Michael Kors affiliate link in your Instagram and/or TikTok Bio. The affiliate link will be provided to you by Michael Kors within the Duel Platform once you have achieved Tier 1, Insider, status.
(6) Follow the Content Guidelines (as outlined below) and tasks provided with each challenge.
(7) Post at least once a month on your Instagram and/or TikTok channel directing people to your affiliate link.
(8) Ensure that your first post goes live within 30 days of signing up for the MK Advocate Programme.
(9) Post within 30 days of receipt of Michael Kors products that you either purchase at a discount from Michael Kors, are gifted by Michael Kors or otherwise receive from Michael Kors as part of the MK Advocate Programme.
By accepting these Terms you acknowledge that Michael Kors reserves the right to refuse access to the MK Advocate Programme to anyone for any reason at any time.
CONTENT GUIDELINES
When posting on social media you must follow the Content Guidelines below and ensure that:
Your content must not include profanity, drugs (cigarettes/vapes or smoking) and/or extreme nudity.
Your social media posts must not include non-Michael Kors brand names and/or the unlicensed intellectual property, names, image or likeness of third parties, including any third-party music, photographs, artwork, trademarks, logos/branding, or slogans (in photo or copy, including with respect to your wardrobe and/or accessories).
You agree that you shall not make any public comment in any form, including but not limited to social media posts, which disparages or is derogatory to Michael Kors, its affiliate companies, or any of their executives and officers, business or the products or policies or decisions of Michael Kors or its affiliate companies.
TERM AND TERMINATION
These Terms shall commence on the date you sign up for the MK Advocate Programme and shall remain in force until you complete all of the challenges outlined in the MK Advocate Programme or they are otherwise terminated as provided for below.
You are able to delete your MK Advocate account at any time by going to “Settings Page” in the Duel platform and deleting your profile or alternatively you can request to be removed from the programme at any time by emailing europe.customerservice@michaelkors.com.
Michael Kors reserves the right to deactivate your access to and participation in the MK Advocate Programme at any time, for any other reason or for no reason, and without prior notice to you.
INTELLECTUAL PROPERTY
You are the owner of the Intellectual Property and content created by you, excluding any Michael Kors Intellectual Property contained therein. You grant Michael Kors the right and license to edit, cut down, and combine the content and/or images with other content at Michael Kors discretion. Nothing in these Terms grants you any rights in Michael Kors’ Intellectual Property featured in any of the content or posts you create as part of the MK Advocate Programme. Michael Kors’ Intellectual Property shall include, without limitation: any images, trademarks, logos, designs, trade dress, and copyrighted materials belonging to and/or provided by Michael Kors. You acknowledge that Michael Kors’ Intellectual Property has acquired valuable secondary meaning and goodwill.
You acknowledge that Michael Kors is the owner of all right, title, and interest in and to Michael Kors’ Intellectual Property and all related goodwill. Except as necessary to participate in the programme requirements you shall not use Michael Kors’ name, or the names of its brands, trademark, logo, or design of Michael Kors or any of its subsidiaries in any advertising, promotions, photographs, or professional materials. This paragraph shall survive termination of these Terms.
USAGE RIGHTS
As an MK Advocate and without any compensation beyond the commission and credit outlined in these Terms you grant to Michael Kors and its affiliates, licensees and partners, permission (without any obligation) to use your content, posts and images, if any (including your name, image, likeness, voice, performance and statements), worldwide, for all standard PR, if any, promotional and editorial purposes, including on our website, emails, social media outlets and channels worldwide and indefinitely. Michael Kors shall have perpetual internal, archival and historical usage rights with respect to your content, posts images.
Wherever possible, Michael Kors will credit you as the creator of the content by using your social media handle, name or username. However, due to technical limitations or space constraints, explicit attribution may not always be possible.
PAYMENT TERMS:
Once you reach Tier 1, Insider, you will have the opportunity to start earning 5% commission on all valid sales made through your affiliate link. The amount of commission you earn for valid sale increases as you progress through the programme tiers. You will be able to keep track of the commission owed to you within your homepage in the Duel Platform, but please bear in mind that this figure may change from time to time, in order to account for cancelled/part-refunded orders.
Your commission will be paid via PayPal 45 days after the valid sale associated with your affiliate link was placed in order to account for returns and processing. Payment will be sent to the PayPal account linked to the email address that you used to sign up to the MK Advocate Programme. If you do not have a PayPal account linked to this email address, you can easily redeem your commission by creating a PayPal account when the payment is sent to you. Alternatively, if you'd like to change your email address to the same as your preexisting PayPal account you can easily do so via settings within the Duel Platform.
All orders must be organically driven to earn commission to be deemed valid sales. Any orders driven through other means such as paid advertisements or from discount code websites (e.g. your discount code gets leaked) will not be considered a valid sale and therefore commission will not be earned on that order.
If your personal discount code is found being used on any discount code sites, Michael Kors will provide you with a new code, asking that you stop promoting the previous code immediately.
LIABILITY
You hereby release and agree to hold harmless from and waive any and all causes of action, claims, demands, damages, costs and expenses to the extent arising out of the MK Advocate Programme as described herein, including but not limited to, any property damage/bodily injury stemming from therefrom, except to the extent such liability cannot be disclaimed by law or otherwise as arising from gross negligence or willful misconduct of Michael Kors. Michael Kors is not responsible for the errors, omissions, acts or failure to act of any party or entity conducting a specific activity on Michael Kors’ behalf in connection with the MK Advocate Programme described herein. You further understand and agree that Company is not responsible for lost, missing, stolen or damaged personal items that you may carry/utilize hereunder. To the extent permitted by law, and except to the extent arising out of a respective party’s gross negligence or willful misconduct, its breach of any applicable law, and/or breach of its confidentiality obligations, neither party shall be liable to the other party for any indirect, consequential or punitive damages, and each party’s liability to the other party shall not exceed the amounts paid or payable to you under MK Advocate Programme .
INDEMNIFICATION
You agree to defend, indemnify, and hold Michael Kors, its affiliate companies and each of their respective officers, employees, and agents harmless from and against any and all losses, damages, fines, fees, liabilities, expenses (including reasonable legal fees) and costs related to or arising out of any third-party claim, demand or action, to the extent arising out of your willful misconduct, negligence, or breach of any of the express representations, warranties or material obligations of it as set forth in these Terms.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to Michael Kors that: (i) you have the full right and power to enter into and perform your obligations under these Terms and to grant Michael Kors the rights expressly granted to Michael Kors herein; and (ii) these Terms do not contravene and are not otherwise limited by any other agreement to which you are or shall be a party. You further represent and warrant that: (a) you shall comply with the Content Guidelines as outlined within these Terms and all Advertising Regulations related to the MK Advocate Programme and you shall not violate any applicable local laws, rules, regulations or orders when participating in the MK Advocate Programme; (b) that the content created or provided by you shall not infringe the intellectual property and/or violate privacy or publicity rights of any third party; (c) the content created by you is not and will not be abusive, harmful, threatening, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (d) Michael Kors shall not be required to make any monetary payments of any nature whatsoever to you and/or any third parties in connection with the use and/or ownership of the content produced under these Terms.
RELATIONSHIP OF PARTIES
You agree that you are an independent contractor and not an agent or employee of Michael Kors and that you have no authority to bind or obligate Michael Kors in any way. These Terms do not create an agency, partnership or joint venture between yourself and Michael Kors, and cannot be construed as establishing a relationship of an employer and employee between yourself and Michael Kors. You are not entitled to participate in health or disability insurance, retirement benefits, or other welfare or pension benefits to which an employee of Michael Kors may be entitled. You acknowledge and agree that your participation in the programme and any content produced under these Terms are not under the jurisdiction of any union or guild.
CURRENT EMPLOYEES
Employees (or their relatives) of the Capri Holdings Limited group of companies (or any other company and/or agency connected with the MK Advocate Programme) are ineligible to participate in the MK Advocate Programme. By agreeing to these Terms, you acknowledge that you are not a current employee.
MARKETING CONSENT
By accepting these terms and participating in the Michael Kors Advocate Programme you agree to receive Michael Kors marketing emails (including personalized information through our websites, social media platforms and online partners) as further described in the Michael Kors Privacy Notice. You can unsubscribe at any time.
AMENDMENTS
Michael Kors reserves the right to update or modify these Terms at any time. Unless expressly stated otherwise, any updated terms will automatically supersede and replace any previous versions. For clarity, the most recently updated Terms will govern your participation in the programme and shall be binding.
DATA PROTECTION
In connection with the MK Advocate Programme to which you will be given access, you may share personal data with a third-party service provider, Duel, which acts as a data processor. While Michael Kors remains the primary data controller, you will be required to review and accept the privacy policy of Duel. In the event of any conflict, Michael Kors’ privacy policy will take precedence.
GOVERNING LAW
Approval and acknowledgement of these Terms will be agreed to, accepted & considered binding under the governed & construed accordance with the laws of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.
ACCEPTANCE OF TERMS
By clicking “I agree to the terms of service” you acknowledge that you have read and understand these Terms and agree to Michael Kors expectations of you as an MK Advocate.
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