ATLAS Stores, Inc. — Ambassador Program Terms & Conditions
These Terms and Conditions (the “Agreement” or “Terms”) govern your participation in the ATLAS Ambassador Program (the “Program”) operated by ATLAS Stores, Inc. (“ATLAS,” “we,” “us,” or “our”). By applying to or participating in the Program, you (the “Ambassador” or “Participant”) acknowledge and agree that you have read, understood, and agree to be bound by this Agreement.
“Effective Date” means the date on which the Ambassador accepts this Agreement utilizing the acceptance method(s) expressly described herein.
1) Introduction and Purpose
The ATLAS Ambassador Program provides members of the community with access to brand experiences, exclusive events, free products, and opportunities to create and share content that represents the ATLAS brand.
Participation in the Program is entirely voluntary and at your own risk. The Program is designed for brand advocacy and community engagement and does not create any employment relationship.
2) Relationship of the Parties
-
Participation in the ATLAS Ambassador Program is strictly on an independent contractor basis. Nothing in these Terms shall be construed to create any employment, partnership, joint venture, fiduciary, or agency relationship between you and ATLAS. You expressly acknowledge and agree that you are not entitled to, and will not claim, any wages, salary, employee benefits (including but not limited to health insurance, retirement benefits, or paid leave), or any other rights or privileges of employment under local, state, or federal law. ATLAS shall have no responsibility for withholding or paying any taxes, social security, or other statutory obligations on your behalf.
-
You shall not, under any circumstances, hold yourself out as an employee, agent, or authorized representative of ATLAS, nor shall you have any authority to make commitments, incur obligations, or bind ATLAS in any manner whatsoever. Any attempt to do so shall be grounds for immediate termination from the program and may result in legal action.
-
The rewards, perks, and/or free products provided to you as part of the ATLAS Ambassador Program are the sole and exclusive consideration for your participation. By accepting these Terms, you irrevocably waive and release ATLAS and its affiliates from any and all claims, demands, or causes of action, whether known or unknown, arising out of or relating to the adequacy of such consideration or any alleged employment relationship. You further agree not to assert any claim for compensation, benefits, or employment status against ATLAS at any time.
3) Program Tiers and Perks
Tier
What It Takes
What You Get
Explorer
5K likes: 1 free hoodie
Navigator
15K likes or 100K+ views: 1 free product (≤ $150) + 20% off (≤ $100)
Voyager
50K likes or 500K+ views: 3 free products (≤ $100 each) + $200 bonus
Star Creator
100K likes or 1M+ views: 5 free products (≤ $100 each) + $350 bonus
Elite Atlas
5+ posts with 100K+ likes: VIP event + free products + $750 bonus
Perks and rewards offered under this Program are provided at the sole discretion of ATLAS. Such perks and rewards are non-transferable, and may be modified, replaced, or discontinued at any time without prior notice to Ambassador. All decisions made by ATLAS regarding the provision, modification, discontinuation, or eligibility for any perks or rewards are final, binding, and not subject to appeal, review, or challenge by any Ambassador.
4) Age Requirement and Parental Consent
-
Participation in the Program is limited to individuals who are at least 18 years old, or minors who have obtained valid, written parental or legal guardian consent. By applying, each participant represents and warrants that they are at least 18 years of age or have obtained such consent. ATLAS does not knowingly engage minors without valid, written parental or legal guardian consent and is entitled to rely conclusively on these representations without any obligation to independently verify age or consent.
-
If you are under 18, participation is strictly conditioned upon ATLAS’s receipt of a signed, written consent from your parent or legal guardian, together with a copy of a valid government-issued identification for both the minor and the consenting adult. ATLAS reserves the right to verify the authenticity of all consent documents at any time and may immediately terminate participation, revoke rewards, or remove related content if proper consent cannot be confirmed.
-
Parents or legal guardians permitting a minor to participate expressly assume all risks and responsibilities associated with such participation, and agree to defend, indemnify, and hold harmless ATLAS and its affiliates from any and all claims, damages, losses, liabilities, costs and expense (including reasonable attorneys’ fees), or disputes arising out of or related to the minor’s participation, including but not limited to misrepresentation of age, false consent, or failure to obtain proper authorization.
-
If ATLAS determines, in its sole discretion, that a participant under 18 joined without proper, verifiable parental or legal guardian consent, ATLAS may immediately terminate the minor’s participation, revoke any pending or previously awarded rewards, and prohibit future participation.
-
Parents or legal guardians who permit a minor to participate irrevocably consent to all Terms herein, including but not limited to the use of the minor’s name, image, likeness, voice, and submitted content for any promotional, advertising, or marketing purposes, in any media, worldwide, without further notice or compensation.
-
Participation by minors is subject to all applicable federal, state, and local laws and regulations. ATLAS reserves the right to modify or terminate minor participation to ensure compliance with such laws.
5) Tax Responsibility
All rewards, bonuses, and other consideration provided by ATLAS are taxable and may be reported to tax authorities as required by law. You are solely and exclusively responsible for determining, reporting, and paying any and all federal, state, local, or foreign taxes, fees, or other obligations arising from the receipt of such consideration. ATLAS may require you to submit IRS Form W-9, Form W-8BEN, or other documentation prior to issuing any rewards, and may withhold, delay, or revoke rewards until all required documentation is received and verified. If your total annual compensation from ATLAS equals or exceeds $600, ATLAS will issue a Form 1099-NEC or other applicable tax reporting forms. You agree to indemnify, defend, and hold harmless ATLAS from any claims or liabilities related to your tax obligations. ATLAS does not provide tax advice; you are encouraged to consult your own tax advisor.
6) Content Creation and Brand Use
-
You represent and warrant that all content (“UGC”) created under the Program will be truthful, accurate, original, and will not infringe upon the rights of any third party. You further agree to comply with all applicable laws, platform policies, FTC endorsement guidelines, and any other regulatory requirements. You agree to indemnify, defend, and hold harmless ATLAS and its affiliates from any claims, damages, or liabilities arising from your breach of these representations.
-
You hereby grant ATLAS and its affiliates an irrevocable, perpetual, worldwide, royalty-free, fully transferable, and sublicensable license to use, modify, reproduce, publish, distribute, display, perform, and create derivative works from your content, likeness, name, and handle, in any media now known or hereafter developed, for any purpose whatsoever, including but not limited to advertising, marketing, and commercial use.
-
You irrevocably waive any and all rights to inspect or approve any use of your content, likeness, name, or handle by ATLAS, and to receive any compensation, royalty, or other payment for such use, to the maximum extent permitted by law.
-
You represent and warrant that you have obtained all necessary rights, licenses, and written consents from any and all persons appearing in your content, and that such consents permit the use of their name, image, likeness, and content by ATLAS for any purpose described herein. You agree to provide copies of such consents to ATLAS upon request and to indemnify, defend, and hold harmless ATLAS from any claims arising from failure to obtain such consents.
-
The provisions regarding content ownership, license grant, waiver, and indemnification shall survive termination of your participation in the program. If any provision is found unenforceable, the remainder shall remain in full force and effect.
7) FTC Compliance
You are required to clearly and conspicuously disclose your material connection to ATLAS in every post, video, story, caption, or other content that references, features, or promotes ATLAS products or services, regardless of platform or format. Acceptable disclosures include, but are not limited to, #ATLASambassador, #ad, #sponsored, or #giftedbyATLAS. ATLAS may update or specify additional required disclosures at any time, and you agree to comply with such requirements. Disclosures must be clear, conspicuous, and placed in a location easily noticed and understood by viewers, and must be in the same language as the content. ATLAS reserves the right to monitor your content for compliance. Failure to comply may result in immediate termination from the Program, forfeiture of rewards, and other remedies available to ATLAS under law. You agree to indemnify, defend, and hold harmless ATLAS from any claims or liabilities arising from your failure to comply with disclosure requirements.
8) Confidentiality
All non-public information regarding ATLAS, its affiliates, or the Program—including, but not limited to, communications, strategies, business plans, financial data, unreleased products, technical information, product designs, marketing materials, customer lists, and any other proprietary or sensitive information disclosed to you in connection with your participation, whether in written, verbal, electronic, or any other form—is considered “Confidential Information.” You acknowledge that all such information is valuable, confidential, and constitutes trade secrets of ATLAS.
You agree to:
-
Maintain strict confidentiality regarding all Confidential Information disclosed to you, whether in written, verbal, electronic, or any other form.
-
Not copy, share, publish, disclose, transmit, or use any Confidential Information for any purpose other than participating in the Program, except as expressly authorized in writing by ATLAS.
-
Immediately return or permanently delete all Confidential Information upon ATLAS’s request or upon termination of your participation, and certify such destruction to ATLAS.
Your obligation to maintain the confidentiality of such information shall survive termination of your participation and remain in effect for five (5) years thereafter, or for as long as the information remains non-public, whichever is longer. If any provision is found unenforceable, the remainder shall remain in full force and effect.
Any unauthorized disclosure, duplication, or misuse of Confidential Information will cause irreparable harm to ATLAS. You agree that ATLAS shall be entitled to seek injunctive relief, specific performance, and any other equitable remedies available in addition to monetary damages, without the need to post bond or prove actual damages. Any breach may result in immediate termination, forfeiture of rewards, and legal action.
9) Termination and Program Changes
ATLAS retains sole and absolute discretion to modify, suspend, or terminate the Program or your participation at any time, for any reason or no reason, with or without prior notice. ATLAS shall not be liable for any resulting loss of rewards or opportunities. Any modification, suspension, or termination shall be effective immediately unless otherwise specified. You may withdraw from the Program at any time by providing written notice or by ceasing participation, and you forfeit any unearned rewards or benefits upon withdrawal. All determinations by ATLAS regarding eligibility, compliance, and reward qualification are final, binding, and not subject to appeal, review, or challenge. These provisions shall survive termination of your participation.
10) Waiver of Liability and Release
You acknowledge and expressly assume all risks associated with your voluntary participation in the Program. To the fullest extent permitted by law, you hereby release, waive, and forever discharge ATLAS, its parents, affiliates, subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all claims, demands, damages, losses, liabilities, costs, expenses, and causes of action of any kind or nature, whether known or unknown, suspected or unsuspected, arising out of or relating to your participation, including but not limited to personal injury, emotional distress, reputational harm, property loss, or alleged exploitation. You expressly waive the provisions of Section 1542 of the California Civil Code and any similar law of any jurisdiction. You further waive any right to seek indirect, consequential, punitive, or special damages. You agree to indemnify, defend, and hold harmless ATLAS from any claims brought by third parties arising out of your participation. To the maximum extent permitted by law, ATLAS’s total liability to you for any and all claims, whether in contract, tort, or otherwise, shall not exceed US $100 or the total amount paid to you by ATLAS within the prior twelve (12) months, whichever is greater. These provisions shall survive termination of your participation.
11) Indemnification
You (and, if applicable, your parent or legal guardian) agree to defend, indemnify, and hold harmless ATLAS Stores, Inc., its parents, affiliates, subsidiaries, officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses, and attorney fees (including those incurred in enforcing this indemnity), whether brought by you, any third party, or any governmental or regulatory authority, arising out of or relating to: (a) your participation in the Program; (b) your content, conduct, or communications; (c) any breach or alleged breach of this Agreement or any representation or warranty herein; (d) misrepresentation of your age or consent status; or (e) violation of any law, regulation, or third-party right. ATLAS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with ATLAS in the defense of any such claim. This indemnification obligation shall survive termination of your participation and is in addition to any other rights or remedies ATLAS may have.
12) Binding Arbitration; No Class Actions
To the fullest extent permitted by law, any and all disputes, claims, or controversies of any kind arising out of or relating to this Agreement, the Program, or any relationship between you and ATLAS, whether based in contract, tort, statute, or any other legal theory, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in Los Angeles County, California. You and ATLAS irrevocably waive any and all rights to a trial by jury and to participate in any class, collective, consolidated, or representative action. Only individual claims may be pursued in arbitration. The arbitrator shall have exclusive authority to resolve all issues, including but not limited to the scope, enforceability, and interpretation of this arbitration provision, and shall not have authority to consolidate claims or award relief to any person or entity other than the individual parties to the arbitration. All arbitration proceedings, filings, and awards shall be strictly confidential. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. By accepting these Terms, you acknowledge and agree that you have no right to opt out of arbitration or to pursue any claim in court, except as expressly required by law. This arbitration provision shall survive termination of your participation, and if any part is found unenforceable, the remainder shall remain in full force and effect.
13) Governing Law
This Agreement, and any dispute, claim, or controversy arising out of or relating to this Agreement or the Program, shall be governed by and construed exclusively in accordance with the laws of the State of California, without regard to any conflict of law principles that would result in the application of the laws of any other jurisdiction. Any arbitration or legal proceeding shall take place exclusively in Los Angeles County, California. You and ATLAS irrevocably waive any objection to the exclusive application of California law and to the exclusive venue of Los Angeles County, California, for any dispute, claim, or controversy arising out of or relating to this Agreement or the Program. This provision shall survive termination of your participation, and if any part is found unenforceable, the remainder shall remain in full force and effect.
14) Limitation of Actions
To the fullest extent permitted by law, any claim, demand, or cause of action arising out of or relating to this Agreement or the Program must be commenced within one (1) year after the event giving rise to the claim occurs, regardless of any statute of limitations or other law to the contrary. No statute, rule, or doctrine that would toll or extend the limitation period shall apply. If not commenced within such period, the claim is permanently barred. This provision shall survive termination of your participation, and if any part is found unenforceable, the remainder shall remain in full force and effect.
15) Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect. Any unenforceable term shall be modified only to the extent necessary to make it enforceable while preserving its intent.
16) Entire Agreement and Notices
This Agreement constitutes the entire agreement between you and ATLAS regarding the Program and supersedes all prior and contemporaneous understandings, representations, negotiations, or agreements, whether oral or written. You acknowledge that you have not relied on any statement, promise, or representation not expressly set forth in this Agreement. ATLAS reserves the right, in its sole discretion, to amend, modify, or update these Terms at any time by posting a revised version on its website or by other reasonable means of notice. Any such amendment, modification, or update shall be effective immediately upon posting or notice, unless otherwise specified. Your continued participation in the Program after such posting or notice constitutes your acceptance of the revised Terms. No waiver, modification, or amendment of any provision of this Agreement shall be effective unless made in writing and signed by an authorized representative of ATLAS. This provision shall survive termination of your participation, and if any part is found unenforceable, the remainder shall remain in full force and effect.
All notices may be provided electronically via outreach@atlasstores.co and are deemed received upon delivery confirmation.
17) Safety, Conduct and Non-Disparagement
Participants must at all times conduct themselves responsibly, ethically, and in a manner that upholds the reputation, values, and goodwill of ATLAS. Any conduct, whether online or offline, that ATLAS, in its sole discretion, determines to be harmful, offensive, disruptive, defamatory, harassing, discriminatory, unlawful, fraudulent, misleading, or otherwise inappropriate is strictly prohibited. This includes, but is not limited to, statements, remarks, or communications made in any medium (including social media, online platforms, interviews, videos, podcasts, or any other public or private forum) that could reasonably be construed as damaging to ATLAS, its officers, directors, employees, affiliates, agents, representatives, or products.
Participants expressly agree that they will not, directly or indirectly, make, publish, or communicate to any person or entity—publicly, online, or privately—any statement, remark, or communication that is defamatory, disparaging, false, misleading, or otherwise harmful to ATLAS or its affiliates. This prohibition extends to any conduct or communication that may reasonably be expected to damage the reputation, brand image, goodwill, or commercial interests of ATLAS or its affiliates.
ATLAS reserves the right, in its sole discretion and without prior notice or liability, to immediately suspend or terminate a participant’s involvement in the Program, revoke rewards, and remove related content for any actual or suspected misconduct or violation of these standards. ATLAS expressly disclaims any and all responsibility or liability for the actions, statements, or content of other participants, third parties, or for any online interactions, including but not limited to comments, posts, or messages on social media platforms. Participants irrevocably waive any and all claims, demands, or causes of action against ATLAS and its affiliates arising out of or relating to social media interactions, third-party comments, negative publicity, reputational impact, or any other consequence of participation in the Program.
You acknowledge and agree that ATLAS devotes substantial resources to cultivating and safeguarding its reputation, relationships, and goodwill. You further agree that any breach of this section shall constitute a material and irreparable harm to ATLAS, for which monetary damages alone would be inadequate. Accordingly, ATLAS shall be entitled to seek and obtain immediate injunctive relief, specific performance, and any other remedies available at law or in equity, including but not limited to recovery of all attorneys’ fees, costs, and expenses incurred in enforcing its rights under this provision.
In addition to injunctive relief, you agree that, in the event of any breach, you shall be liable for all actual, consequential, and liquidated damages suffered by ATLAS, as well as all reasonable costs and expenses (including legal fees) incurred by ATLAS in investigating, remedying, or enforcing its rights. This obligation shall survive the termination or expiration of your participation in the Program and shall remain in effect indefinitely.
Nothing in this section shall prohibit you from making truthful statements as required by law, regulation, or valid legal process, provided that, to the extent permitted, you give ATLAS prompt written notice of any such requirement and cooperate with ATLAS in seeking a protective order or other appropriate remedy.
18) Data Protection and Privacy
ATLAS collects, uses, stores, and processes participant data—including, but not limited to, contact information, social media handles, engagement metrics, demographic information, content submissions, and communications—for the purposes of administering, managing, and improving the Program, fulfilling legal obligations, and supporting marketing, analytics, and promotional activities. By participating, you expressly consent to the collection, use, storage, processing, and transfer of your data as described herein and in ATLAS’s Privacy Policy and Data Protection Addendum, which are incorporated by reference and may be updated from time to time.
Data may be stored and processed in the United States or other jurisdictions in compliance with applicable privacy laws. ATLAS may share participant data, including anonymized or aggregated information, with service providers, affiliates, and marketing partners for any purpose related to the Program. ATLAS shall not be liable for the acts or omissions of third parties who receive such data, provided reasonable safeguards are in place.
If you are under 18 years of age, participation is strictly conditioned upon ATLAS’s receipt of valid, written parental or legal guardian consent, which shall include agreement to all data collection, processing, and sharing described herein and in the referenced policies. Parents or legal guardians expressly consent on behalf of the minor and assume all responsibility for compliance with applicable privacy laws.
ATLAS will retain participant data for as long as necessary to fulfill the purposes described herein or as required by law, and will implement reasonable security measures to protect such data. Participants may contact ATLAS to request access, correction, or deletion of their personal data, subject to applicable law.
19) Intellectual Property
All ATLAS trademarks, logos, creative materials, marketing strategies, business plans, and proprietary data (collectively, “ATLAS IP”) remain the sole and exclusive property of ATLAS. Any intellectual property owned or licensed by ATLAS prior to the commencement of this Agreement shall remain the sole property of ATLAS, and the Ambassador shall not acquire any rights therein by virtue of this Agreement.
Any intellectual property created by the Ambassador during the term of this Agreement, including, but not limited to, social media posts, photographs, videos, and written content, shall be deemed “Work Product” and shall be the exclusive property of ATLAS. The Ambassador hereby irrevocably assigns, transfers, and conveys to ATLAS all rights, title, and interest in and to such Work Product, including all copyrights, trademarks, and other intellectual property rights, and the right to use, modify, reproduce, distribute, and display such Work Product in any manner and for any purpose deemed appropriate by ATLAS, without further compensation or approval.
The Ambassador agrees to execute any documents and take any actions necessary to effectuate this assignment and to assist ATLAS in obtaining, maintaining, and enforcing any intellectual property rights related to such Work Product. The Ambassador further waives any and all moral rights, rights of attribution, and rights of approval in connection with the Work Product, to the fullest extent permitted by law.
This provision shall survive termination of this Agreement.
20) Force Majeure
ATLAS shall not be liable for any delay or failure in performance due to events beyond its reasonable control, including natural disasters, internet failures, government actions, pandemics, labor disputes, or technical malfunctions.
21) Attorney’s Fees and Costs
If ATLAS prevails in any action, arbitration, or proceeding arising out of or related to this Agreement, ATLAS shall be entitled to recover its reasonable attorneys’ fees, expert fees, and costs, in addition to any other relief awarded.
22) Electronic Acceptance and Evidence of Consent
By checking a box, clicking “I Agree,” or taking any similar affirmative action on any ATLAS form, website, or electronic platform, you acknowledge and agree that such action constitutes your valid and binding electronic signature to these Terms and any related agreements. You further consent to conduct business electronically with ATLAS and agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
You expressly agree that your electronic signature, as captured through ATLAS’s systems, has the same legal effect, validity, and enforceability as a handwritten signature to the fullest extent permitted by applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and any similar state or international laws. ATLAS may rely on electronic records, including logs, confirmations, and audit trails, as conclusive proof of your agreement and consent. You waive any objection to the validity or enforceability of these Terms based on the electronic form or method of acceptance.
By applying to or participating in the ATLAS Ambassador Program, you acknowledge that you have read, understood, and agree to all of the above Terms & Conditions, including mandatory binding arbitration and waiver of rights to bring claims or class actions in court.
