Updated 10/1/2023

By participating in the EF Ultimate Break Brand Ambassador Program (the "Brand Ambassador Program"), I am agreeing to the following Terms and Conditions (the “Terms”) and agreeing to act as a Brand Ambassador. If I do not understand or do not agree to any of the following terms, I will not participate in the Brand Ambassador Program.

All EF Ultimate Break tours are operated outside of the U.S. by EF World Journeys International AG., Switzerland. EF World Journeys, Inc. is a marketing service provider for that company and is referred herein together with EF World Journeys International AG. as “EF Ultimate Break.”

The EF Ultimate Break Brand Ambassador Program

EF Ultimate Break Brand Ambassadors promote EF Ultimate Break trips. Brand Ambassadors are encouraged to use a variety of methods (primarily trackable social channels) to drive online bookings (restrictions outlined in this Agreement) to accrue points for Travel Credit redemption. They may offer their Brand Ambassador discount to friends, family and followers through the promotion and use of unique Brand Ambassador links.

Eligibility

To participate in the EF Ultimate Break Brand Ambassador Program, you must meet the following requirements:

1. You must be between 18-35 years old at the start of each program year.

2. You must have and actively use at least one social media channel (Instagram, TikTok, Facebook, YouTube, etc.).

3. You must remain at all times in compliance with all applicable federal and state laws, these Terms and all applicable industry guidelines and media channel terms of use.

4. You must read, understand and agree to the EF Ultimate Break Booking Conditions, the EF Ultimate Break Privacy Policy, and the EF Ultimate Break Code of Conduct

5. You must have traveled with EF Ultimate Break in the past or be booked to travel with EF Ultimate within 12 months of application date.

6. Upon acceptance in the EF Brand Ambassador Program, you agree to register with the third-party system, BrandChamp, within 30 days.

7. You must complete one (1) social post activity in BrandChamp per month to remain active in the program. Missing two (2) months in a row is grounds for removal from the Brand Ambassador Program.

8. You must complete a mandatory orientation session within three (3) months of being accepted into the program and/or prior to EF Ultimate Break travel including Retreats. Orientation will be offered each month.

Employees of EF Ultimate Break or its affiliates are not eligible to participate in the EF Ultimate Break Brand Ambassador Program. EF Ultimate Break reserves the unconditional right to accept or deny any Brand Ambassador.

Term

The Brand Ambassador Program is based on a booking period of up to 12 months (the "Term"). The Term begins when you enroll in the Brand Ambassador Program and ends on October 15, 2024. All Travel Credits earned during the Term must be applied to a trip booking within one month of the end of the Term and travel must occur within 24 months of the end of the Term. You will be automatically renewed into the following Term unless you opt out of the program or become inactive.

Accruing Travel Credits

During the Term, the Brand Ambassador will receive 1,000 points for each new customer who books and travels on an EF Ultimate Break trip using the unique Brand Ambassador discount link. Travel Credits are only redeemable towards EF Ultimate Break trips. The following terms apply:

1. The Brand Ambassador discount link cannot be used in conjunction with "REPEAT" discount code or any other referral discounts.

2. Brand Ambassadors cannot use their unique promo code or link on their own booking(s). EF Ultimate Break reserves the right to negate any discount from a Brand Ambassador using their own promo code or link. It will not count as Travel Credit.

3. The Brand Ambassador code or link can never be posted to a coupon code aggregator website. Any bookings that come in through a coupon code aggregator website will be not counted towards any Travel Credit.

4. The Brand Ambassador link may be used by an unlimited number of new customers as set forth in these terms. EF Ultimate Break reserves the right to disable the Brand Ambassador link at any time in accordance with this Agreement.

5. Only EF Ultimate Break trips booked with the unique Brand Ambassador link will result in Travel Credit for the Brand Ambassador. A booking does not result in earned Travel Credit until a minimum payment threshold of $500.00 is made on the traveler account.

6. If a booking is cancelled or refunded for any reason, any Travel Credit arising out of that sale will become void.

7. Travel Credits will not be earned for any bookings that are attributed to spam or credit card fraud.

8. Travel credits are nontransferable between Brand Ambassadors.

9. The Brand Ambassador discount link cannot be added to a traveler's trip after they have booked, unless you are able to provide a screenshot that a conversation regarding the trip occurred prior to the traveler booking.

Trip Eligibility

Once a Brand Ambassador has 15,000 points fully accrued to your unique Brand Ambassador code, the Brand Ambassador will be eligible to redeem those Travel Credits for an Ultimate Break trip up to $4,000.00 (retail value). If you would like to book a trip over $4,000 .00, you will be responsible for paying for any difference in price. In the event the total cost of the trip plus any additional excursions or other fees total less than $4,000.00, the remaining balance is forfeited and may not be applied to an additional trip or refunded. It is the Brand Ambassadors responsibility to contact EF Ultimate Break to redeem any Travel Credits.

The following terms apply:

1. Brand Ambassadors must redeem any Travel Credits within 1 month after the end of the Term.

2. Brand Ambassadors are eligible to redeem Travel Credits for no more than four EF Ultimate Break trips in any 12-month period. EF Ultimate Break reserves the right to modify the number of trips Brand Ambassadors are eligible to redeem.

3. Travel Credits are not transferable and cannot be exchanged or redeemed for monetary value. The Brand Ambassador will not receive compensation for any Travel Credit in any circumstances including but not limited to unclaimed earned trips or if the Brand Ambassador is unable to travel.

4. Travel Credits may not be used to purchase Travel Protection, visas, gratuities, or personal spending costs. Any additional fees or expense must be paid by the Brand Ambassador. Exclusions for specific EF Ultimate Break tours may apply. Please see website for more information.

5. The Brand Ambassador will be expected to share and participate in the creation of marketing content taken during the EF Ultimate Break tour with EF Ultimate Break including but not limited to images, videos and blogs.

6. The Brand Ambassador must acknowledge and agree to all terms outlined in the EF Ultimate Break Booking Conditions, including a Release and Agreement.

Tracking and Payment

EF Ultimate Break's booking records are final, and Travel Credit will be applied solely based on these records.

While EF Ultimate Break makes every reasonable effort to accurately track and credit all Brand Ambassador sales, EF Ultimate Break is not responsible for, nor under any circumstances will be held liable for, any technical difficulties, outside events or other uncontrollable events that may disrupt or interfere with EF Ultimate Break’s ability to track sales or award earned trips.

Intellectual Property Rights and Restrictions

The Brand Ambassador may not use any copyright, trademark or other EF Ultimate Break branding without prior written permission from EF Ultimate Break. In some circumstances EF Ultimate Break may provide you with digital recordings, images, text, logos, designs and other content (collectively, “Our Content”).

You may use Our Content only in connection with the purpose for which it is provided to you as indicated by EF Ultimate Break, and solely for the purpose of promoting EF Ultimate Break, the EF Ultimate Break products and services under this Agreement and for no other purpose without prior written consent. You agree to promptly cease the publication of Our Content and/or return Our Content to EF Ultimate Break upon notice. Nothing in this Agreement shall be construed to transfer ownership of or grant a license, except as explicitly set forth herein, to any intellectual property of EF Ultimate Break. All intellectual property rights shall remain EF Ultimate Break’s property.

Always credit your sources with proper attribution such as text links to the original source next to the image or text. EF Ultimate Break reserves the right to edit any and all content you provide.

Except as set forth above, EF Ultimate Break claims no ownership over the videos, photos or any content submitted, posted or displayed by you on or through your websites, or social media. You or a third-party licensor, as appropriate, retain all patents, trademarks and copyright to any content you submit, post or display and you are responsible for protecting those rights, as appropriate.

You hereby grant us a perpetual worldwide, irrevocable, exclusive, royalty free license to use, display, reproduce, modify, publish and distribute the videos, your posts, photos or other work you create under this Agreement for any and all purposes, including, but not limited to, advertising, promoting, and distributing our products and services in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable or World Wide Web, without further limitation, restriction, compensation, notice, review or approval. We further reserve the right to refuse to accept, post, display or transmit any content in our sole discretion. Any statements, posts and/or feedback that you provide may be paraphrased, amplified, shortened and/or put into conversational form. You understand and agree that EF Ultimate Break may contact (including by means of messages on public social media platforms) you about any EF Ultimate Break related content.

Brand Ambassadors acknowledge that participation in the Brand Ambassador Program means EF Ultimate Break can use your EF Ultimate Break related content and include your name/likeness/social media handle or channel/blog name and any other Brand Ambassador attributes in any manner that EF Ultimate Break determines supports the purposes of the Brand Ambassador Program, including use in any media that accepts advertising or promotional content or communications (such as, but not limited to, digital, print, television or radio). The Brand Ambassador may not:

1. Use any of Our Content for any other purpose than to promote EF Ultimate Break and its products.

2. Distribute any of Our Content to a third party without EF Ultimate Break's prior written consent.

3. Use EF Ultimate Break branding on your own personal website or profile in any way that would confuse customers or the general public as to who is hosting or promoting such a website.

4. Conduct any paid marketing, enter into agreements with any referral services or seek to purchase any keyword or search terms related to EF Ultimate Break’s trademarks or names of EF Ultimate Break’s primary competitors, unless otherwise agreed by EF Ultimate Break.

Confidentiality

The Brand Ambassador agrees not to copy, alter, share, use, duplicate, distribute or adapt any of EF Ultimate Break’s confidential information that comes into your possession in relation to this Agreement and the Brand Ambassador Program. The Brand Ambassador will destroy or return all confidential information upon EF Ultimate Break’s request or when no longer participating in the Brand Ambassador Program. Confidential information includes, but is not limited to, the following types of private information: shared folders, ideas, media including images and videos, information sheets and presentation materials, presentation content, business processes, marketing strategies, marketing copy and other similar information that is proprietary to and confidential information of EF Ultimate Break.

Non-Disparagement

You agree not to make false, misleading or disparaging statements about EF Ultimate Break or its subsidiaries, customers, affiliates, officers, agents, employees or contractors.

Relationship of the Parties

You are not an employee of EF Ultimate Break. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between you and EF Ultimate Break. You are solely responsible for, and shall pay, any and all taxes and withholding that may be assessed as a result of this Agreement. You do not have, nor shall you hold yourself out as having, any right, power, or authority to create any contract or obligation, either express or implied, on behalf of, in the name of, or binding upon EF Ultimate Break or our subsidiaries, affiliates, officers, agents, employees and contractors.

Termination

The relationship between the parties may be terminated by either party with written notice at any point or by the Brand Ambassador ceasing to participate in the Brand Ambassador Program or failing to adhere to the Brand Ambassador Code of Conduct. If EF Ultimate Break terminates this Agreement or prohibits your future travel for any reason, the Brand Ambassador will immediately cease any promotion, and all earned Travel Credits will become void. Upon termination, it is understood that the Confidentiality, Indemnification, and Dispute Resolution provisions in this Agreement will remain in effect.

You understand and agree that if any of your communications associated with or for this Brand Ambassador Program (marketing, websites, blog posts, videos, audios, emails, Tweets, Facebook posts, etc.) are deemed offensive or inappropriate, the Brand Ambassador will be deemed, at the sole discretion of EF Ultimate Break, ineligible to participate in the Brand Ambassador Program. The Brand Ambassador may be immediately removed from any and all promotions and will be in violation of this Agreement.

EF Ultimate Break reserves the right to revoke the Brand Ambassador’s participation In the Brand Ambassador Program at any time and for any reason.

Release and Indemnification

I agree to release and agree not to sue EF Ultimate Break (including its affiliates) for any and all claims, of any nature related in any manner to my participation in the Brand Ambassador Program. I hereby unconditionally and unequivocally waive any and all claims and demands for all damages, losses, costs and expenses of any nature whatsoever (including attorneys’ fees) on account of or arising out of any and all claims, losses or other damage that I may suffer from any cause whatsoever related in any way to my participation in the Brand Ambassador Program. I further agree to release EF Ultimate Break from any and all decisions to cancel or modify the Brand Ambassador Program, including those due to unforeseeable events that are beyond the reasonable control of EF Ultimate Break.

You agree to hold harmless and indemnify us, our subsidiaries, affiliates, officers, agents, employees and contractors from and against any third-party claim arising from or in any way related to your participating in the Brand Ambassador Program, any videos, photos, your blogging, tweeting and/or posting of content, including but not limited to any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees of every kind and nature.

Under no circumstances will EF Ultimate Break be responsible for any incidental, indirect, or consequential damages, or any loss of revenue or profit that results from the Brand Ambassador’s participation in this program.

Dispute Resolution

Any dispute or claim arising out of or relating in any way to EF Ultimate Break, Its affiliates or the Brand Ambassador Program shall be exclusively resolved by final and binding arbitration under the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures. THE PARTIES FURTHER AGREE THAT ALL COVERED DISPUTES BROUGHT AGAINST EACH OTHER WILL BE ARBITRATED EXCLUSIVELY ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS ACTION ARBITRATION, A COLLECTIVE ACTION ARBITRATION, OR ON A GROUP, REPRESENTATIVE, CONSOLIDATED, OR JOINT BASIS. YOU ARE GIVING UP YOUR RIGHT TO PARTICPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER FOR ANY CLAIM COVERED BY THIS AGREEMENT. THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY OF A COVERED DISPUTE OR TO HAVE A COVERED DISPUTE BE DECIDED BY A COURT OR JURY. With the exception of any of the language related to the waiver of class and representative actions, if any part of this Dispute Resolution section is rendered invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply.

Entire Agreement; Amendments; Severability; Governing Law.

This Agreement contains the entire agreement and understanding between us with respect to the subject matter hereof. This Agreement may only be modified, amended or changed by a writing signed by both of us. If any provision of this Agreement is construed to be invalid or unenforceable, it will be stricken and deleted from the Agreement to the same extent and effect as if never incorporated, but all other provisions of the Agreement which are not deemed invalid or unenforceable shall continue in full force and effect. This Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts and the courts located therein shall have exclusive jurisdiction to resolve any disputes.