a. “Company” shall mean Invstr Limited, a company registered in England and Wales (whose registration number is 08265075) and whose principal place of business is 26 St. James’s Street, London, SW1A 1HA, United Kingdom. Our VAT number is GB 157 2624 06.
b. “Campus Ambassador” shall mean an individual who has agreed to these terms and conditions and represents the Company for a designated university, campus or other named education establishment.
c. “Fee” shall mean the amount payable by the Company to the Campus Ambassador for the Services which is calculated by reference to successful fee-paying referrals.
d. “Services” shall mean sales and marketing services to be provided to the Company by the Campus Ambassador.
e. “User” shall mean any user of the Invstr app.
f. “Confidential Information” is any information provided by the Company to the Campus Ambassador that the Campus Ambassador has not explicitly been informed is available for release to the public.
2. PROVISION OF SERVICES
a. This is a Contract for Services. It is not a contract of employment
b. The Campus Ambassador will not become an employee of Invstr Ltd and, save for those expressly provided for in this agreement, will not be eligible for any benefit.
c. The Campus Ambassador shall be entirely self-employed and nothing in this Agreement shall constitute an employer/employee relationship.
d. The Company is under no obligation to provide any further same, similar or any paid work or unpaid work in the future.
3. DESCRIPTION OF SERVICES
a. In exchange for the Fee, The Campus Ambassador agrees from the date of acceptance of this Agreement until the termination thereof under clause 7 below to be available to provide the Services, at the request of the Company, at such times as are convenient for The Campus Ambassador.
b. The Services shall include but not be limited to:
i. Promotion of the Invstr app to fellow students at the Campus Ambassador’s university or college
ii. Acquisition of “Active Users” on Invstr. An Active User will be deemed to have been acquired by the Campus Ambassador when they:
1. Register an Invstr account AND
2. Enter the Campus Ambassador Promo Code AND
3. Open a minimum of 20 positions in any of the games within 14 days of the account being registered OR
4. Use the app on any 3 calendar days within 14 days of the account being registered OR
5. Any other such definition of being Active as Invstr may in its sole discretion determine
4. THE COMPANY
a. The Campus Ambassador accepts that in providing the sales and marketing services for the Company, he/she will accept all requests, instructions and communications from the Company that are made as and when required.
b. The Campus Ambassador also accepts that The Campus Ambassador has no direct contractual relationship with the Company and therefore:
i. the Company has no contractual obligations or liability to The Campus Ambassador; and
ii. the Company is not acting as an agent for The Campus Ambassador.
5. PAYMENT OF FEES AND CANCELLATION POLICY
a. It is agreed that the Campus Ambassador will be paid $2 (or the local currency equivalent) for every Active User that he/she refers to the Invstr app. For the avoidance of doubt, a fee is only payable to the Campus Ambassador if the user in question meets the Definition of an Active User as stated above.
b. Payments will be facilitated through Paypal or any other such payment service as Invstr decides in its sole discretion to use.
c. The Campus Ambassador acknowledges that he/she is responsible for payment of all taxes, national insurance and social security contributions due in respect of payments to be made under this Agreement and that he/she shall fully indemnify and hold the Company harmless in this regard.
d. The Campus Ambassador acknowledges that he/she is in no way covered by the Company in any matter(s) of insurance and will take out, should he/she deem appropriate, he/she own insurance policy in respect of any personal and/or third party claims.
a. The Campus Ambassador warrants that all information given to the Company, whether prior to or during the provision of the Services, is true and accurate in all respects. The Campus Ambassador has represented that he/she is skilled and able to carry out the sales and marketing efforts for the Company. Any breach of this clause shall entitle the Company to terminate The Campus Ambassador’s Services immediately and without compensation or payment.
7. CONFIDENTIAL INFORMATION
a. The Campus Ambassador may be privy to Confidential Information as part of their activities. The Campus Ambassador undertakes to keep the Confidential Information secure and not to disclose it to any third party without the prior written agreement of the Company.
8. PERSONAL INFORMATION
a. Both parties appreciate the importance of a good personal understanding between The Campus Ambassador and the Company.
b. The Campus Ambassador hereby agrees that the Company may terminate this Agreement with immediate effect:
i. if The Campus Ambassador commits a serious or material breach of any of his or her obligations hereunder;
ii. if The Campus Ambassador repeatedly commits minor breaches of obligations under this Agreement;
iii. if The Campus Ambassador acts in such a way so as to discredit the Company; or
iv. if The Campus Ambassador shall have been found guilty of any criminal offence.
a. Neither party will be liable to the other party for any loss, costs, damages or harm or misrepresentation including without limitation liability for indirect or consequential loss, loss of business, loss of revenue or profit as a consequence of any action or omission by either party. Nothing in this clause shall limit or exclude any liability that under legislation cannot be excluded or limited.
a. Any notice under this Agreement may be given by email.
a. This agreement is personal to both parties and may not be assigned or subcontracted to any third party.
13. ENTIRE AGREEMENT
a. This Agreement (and any documents referred to herein) contains the entire agreement between both parties relating to the matters contained herein and supersedes all prior agreements and understandings, oral or written, between the parties with respect to the subject matter hereof.
b. If any clause of this Agreement is or shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision shall not form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.
14. GOVERNING LAW AND JURISDICTION
a. This Agreement shall be governed by the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts thereof.