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AudioControl Brand Ambassador Program Terms & Conditions

WHO ARE WE

AudioControl develops top-of-the-line Audio technology for your vehicle. Our goal is to engineer and develop aftermarket electronics that improve your driving experience.

The AudioControl team is passionate about adding the best tech to the most functional rides. AudioControl has been leaders in the audio electronics industry for decades


WHAT WE'RE LOOKING FOR

We're looking for long-term brand ambassadors that are fans of AudioControl and the products we carry. Vehicle owners who can influence, represent, and recommend our brand/products to consumers within your social networks, status, following, and connections.

 

We are looking for individuals with a strong presence within their community, clubs, and online social media outlets. The more variety and experience you have with various promoting on social media outlets, the better. Examples of this include videos, reviews, quality photography, articles, etc., while using your own YouTube, Facebook, Instagram, blogs/vlogs, Twitter etc. Engagement and interaction are critical on social media, and we will monitor the quality of your posts (including shares, likes, comments, and views).


OUR EXPECTATIONS AND STANDARDS

As a Brand Ambassador, you are representing our company and our products personally and through your vehicle. Because of this, you are expected to hold yourself and your online behavior to a high standard. It is also expected that you are familiar with and have a good understanding of our products. You should hold yourself to the highest standards and ensure that you are never representing AudioControl—or any of its sister brands—in a negative light. Conduct yourself professionally and respect others—it’s that simple.

 

Standards for Social Media

Being part of the AudioControl family. Creating unique content that features our products and posting it to your social media pages, using AudioControl hashtags, tagging AudioControl pages, and linking to the AudioControl website. 


You will be expected to engage with our posts, tag others, and share. Also don’t forget to send us all your related pictures and videos to be featured! We also expect that you will post on social media outlets at least 2x/week.


AudioControl has a zero-tolerance policy for discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful conduct. Any online activity that falls within these categories will result in an immediate separation.


Requirements

  • Live in the United States of America (international Ambassador applicants will be considered at a future time)
  • Be 18 years of age or older.
  • Register and utilize the Ambassador Portal




AND THE PERKS.....

Upon getting selected for our Brand Ambassador Program, you will be granted access to the AudioControl Brand Ambassador platform. We will send you an exclusive Brand Ambassador decal to display proudly on your vehicle. You will receive a unique promotional code that can be customized to represent your own brand. The code will be good for 10% off purchases on audiocontrol.com and can be shared with your referral customers. 


You will also earn a 2% commission on all completed net sales associated with your discount code or unique website link. Even better, you can earn additional points by completing promotional activities within our Brand Ambassador portal that can be exchanged for merchandise and gift cards to use on audiocontrol.com

 

Ambassadors who provide the highest quality videos and picture content while also driving website traffic, sales, and engagement of our social media content and audiocontrol.com, will have the opportunity for free product, collaborations, event guest invitations, and beta test opportunities for pre-released products! 

 

We reserve the right to remove Brand Ambassadors from the program at any time based on performance or online behavior.


Brand Ambassador Terms and Conditions

BRAND AMBASSADOR TERMS AND CONDITIONS

ATTENTION:  If you are currently a Brand Ambassador for AudioControl or you are applying to become one, you are required to read and agree to these Brand Ambassador Terms and Conditions. For the purposes of this agreement, AudioControl applies to AudioControl and all associated brands.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!!!!!!

BY CLICKING “I AGREE,” you are entering into a legally binding contract with AudioControl and are agreeing to be bound by these Brand Ambassador Terms and Conditions which will govern the relationship between you, as a participant in the Brand Ambassador Program (the “Program”), and AudioControl. 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR APPLICATION OR CONTINUE YOUR PARTICIPATION IN THE PROGRAM. In addition, if at any time you no longer wish to be bound by these Ambassador Terms and Conditions, you must immediately notify AudioControl. 

  1. Definitions. The following terms will have the meanings specified below.

Ambassador” refers to a person who has been selected by AudioControl, in its discretion through its online application process, to act as a promoter of the AudioControl Products via the Ambassador Accounts.

Ambassador Accounts” refers to one or more of Ambassador’s accounts on Approved Media which is identified in the Ambassador’s initial application to the Program (or otherwise approved by an AudioControl representative in writing). Ambassador Accounts must be profiles operated by the Ambassador.

Approved Media” refers to social media outlets approved by AudioControl for the Promotional Activities, as the same may be updated by AudioControl from time to time upon written notice to Ambassadors. The current list of Approved Media is as follows: Facebook, Instagram, YouTube, Twitter, TikTok, Pinterest, and Snapchat.

Promotional Activities” refers to the advertising, marketing and promotion of AudioControl Products by Ambassador on an Ambassador Account that has been approved by AudioControl. 

Spam” means any unsolicited message (such as an e-mail, direct message, text message, or Internet posting) posted or sent to a recipient in which the message is not necessarily personal or relevant to the recipient, and which may cause annoyance to the recipient. This includes online forums, social groups, or other online communities or threads.

AudioControl Products” refers to the items offered on the AudioControl website at any time or any item distributed by AudioControl and any of its associated brands. Brands associated with AudioControl include Stinger, PAC, EchoMaster, Phoenix Gold, Thinkware, iSimple and/or more subject to change without notice. 

you” or “your” refers to the individual who is currently an Ambassador for AudioControl or is submitting an application to become an Ambassador through the online process, together with his or her agents, business affiliates, and permitted successors and assigns.

  1. Program Scope. Upon your selection as an Ambassador by AudioControl, you become an important part of the AudioControl team. AudioControl is relying upon you, and you agree, to actively promote the AudioControl Products in the United States and, as applicable, throughout the U.S. territories (including American Samoa, Guam, Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands). You agree, at all times during your participation in the Program and performance of Promotional Activities to comply with these Brand Ambassador Terms and Conditions (which are deemed to supersede and replace any prior terms and conditions provided to you with respect to the Program), together with any subsequent written agreement signed by you and AudioControl (if any), the AudioControl Terms of Use and Privacy Policy posted on its website, product labels for the AudioControl Products, and other AudioControl policies, procedures and guidelines provided to you from time to time (collectively, the “Ambassador Terms”). 
  2. Application for Enrollment. To become an Ambassador, you (a real live person) must complete and submit the online application. You may not use any “bot” or other automated method to apply for or otherwise participate in the Program. All information included in your application must be true and correct, and it is your duty to notify AudioControl if anything changes after you become an Ambassador and throughout your participation in the Program. AudioControl reserves the right to accept or reject your application for any or no reason. 
  3. Eligibility Criteria. You must satisfy the following eligibility criteria as of the date that you submit your application and throughout your participation in the Program if you are selected to become an Ambassador. Upon request of AudioControl at any time, you may be required to provide documentary evidence showing that you satisfy these criteria. If you are unable to produce such evidence, you will be discharged from the Program immediately. You represent, warrant and covenant to AudioControl that you meet the following criteria:
  • You have read, understand, and agree to be bound by the Ambassador Terms.
  • You are 18 years of age or older. 
  • You reside in the United States.
  • You are authorized to work in the United States.
  • You are free from any medical conditions that would prevent you from being able to participate in the Program.
  • You maintain (at least one) Ambassador Account, which is kept in public mode (except as authorized by AudioControl) and used for the Promotional Activities.
  1. Compliance. You agree to comply with all federal, state and local laws, rules and regulations applicable to you in the course of your participation in the Program and the performance of Promotional Activities, which include but are not limited to the FTC guidelines, these Ambassador Terms and all terms and conditions applicable to your use of the Approved Media. 
  2. Ambassador Portal. As an Ambassador you will be prompted to create a login for AudioControl's ambassador portal, which is sourced through a third party (the “Portal”). AudioControl makes no representations or warranties of any kind with respect to the Portal. AudioControl further reserves the right to modify the Portal and/or designate a new influencer marketing platform in its discretion. You agree to comply with all terms of use required by the host of the Portal from time to time. You agree to log on to the Portal frequently and to keep your information maintained on the Portal current. 
  3. Promotional Activities. Once you are selected as an Ambassador, you agree to use your best efforts to frequently engage in Promotional Activities on at least one Ambassador Account which has been approved by AudioControl. All Promotional Activities must be conducted in a manner that is consistent with the authorized use for each AudioControl Product as outlined on product labels and any marketing or promotional materials provided by AudioControl from time to time. Promotional Activities include, without limitation, the following:  
  • Posting photo and video content promoting the AudioControl Products as AudioControl may request from time to time (“Content”);
  • Sharing and promoting your personal discount code for AudioControl Products to encourage followers to purchase them;
  • Communicating, networking and/or collaborating with social media influencers, AudioControl's social media followers and customers, and any other individuals requested by AudioControl, to promote the AudioControl Products as a tool to increase knowledge and awareness for vehicle electronics.
  • Participating in educational and training programs upon request of AudioControl
  • Attending events, including without limitation, photo and video shoots, appearances at AudioControl authorized dealers, designated events, and any other appearance(s) upon request of AudioControl (collectively, “Appearances”).
  1. Other Obligations. In order to remain in good standing in the Program, you must also comply with the following:  


  • Keep your Ambassador Account public at all times (and notify AudioControl before switching to private); 
  • Add AudioControl's social media accounts as a friend/ follower to your Ambassador Account(s) (including, without limitation, @audiocontrolinc Instagram account, @AudioControl on Facebook, AudioControl on YouTube, and other accounts as AudioControl may add from time to time);  
  • Promptly respond to all communications from AudioControl personnel (in no event later than within 24 hours), whether in text, email, phone or any other form;  
  • Advise AudioControl personnel promptly of any changes to your Ambassador Accounts or other information previously submitted (whether in your application, through the portal or otherwise); and
  • Read all manuals on AudioControl Products and use them only as directed. Install all product properly. You are responsible for any damages or injuries related to misuse or improper installation of Products.

 

  1. Use of Content. You agree that AudioControl may post, re-post, upload and/ or use any and all of the Content in its advertising, in emails, on its sales pages including, without limitation, on its website and on Amazon; on social media outlets (including but not limited to the Approved Media) at its discretion, in perpetuity, with or without notice or compensation. 
  2. Ambassador Responsibilities. You acknowledge and agree that you are responsible for:
  • Any and all activity undertaken in connection with your participation in the Program and on your Ambassador Accounts;
  • Conducting yourself at all times with the highest degree of professionalism;
  • Behaving in a legal, ethical and business-like manner and maintaining the highest standards of integrity, honesty and responsibility in your dealings with AudioControl, its staff, customers, authorized dealers, and sales representatives;
  • Presenting and demonstrating AudioControl Products in a positive, truthful and sincere manner;
  • Including any product disclaimer or other language provided by AudioControl with respect to AudioControl Products in any and all of your Content as directed by AudioControl; and
  • Providing your honest and truthful personal experiences with using any AudioControl Product in your Content. 
  1. Prohibitions/ Restrictions. Ambassador is expressly prohibited from taking any of the following actions, each of which shall be a material breach of the Ambassador Terms:


  • Purchasing followers and/ or likes;
  • Making any representations, claims or promises on behalf of AudioControl, other than those contained in AudioControl's official marketing and promotional materials (i.e. on the Product packaging or AudioControl website);
  • Promoting AudioControl Products through unsolicited or Spam communications (including via emails, direct messages, posting comments, forums, social groups, or providing codes on any platform);
  • Engaging in, promoting, contributing to, or creating a platform for offensive, sexually explicit or distasteful materials, inappropriate images or video, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or of any Content that is unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable to AudioControl in AudioControl's sole discretion;
  • Transmitting messages or images inconsistent with the positive images and/or goodwill of AudioControl;
  • Engaging in any activity that may divert commissions from other participants in the Program;
  • Engaging in any activity that violates or breaches AudioControl's or any third party’s legal rights;
  • Engaging in any advertising or marketing practices that are deceptive, misleading or fraudulent, including using Spam or sending unsolicited commercial email or direct messages, posting commercial messages or personal discount code to any forum that prohibits the same or on any account’s posts (including AudioControl's);
  • Promoting your Ambassador discount or relationship on AudioControl Media or online ads or otherwise engaging with existing AudioControl followers for your own benefit;
  • Presenting AudioControl's banners, images or videos as if they are your own or any other site’s (which is usually referred to as copyright or trademark infringement, and is illegal); 
  • Posting any links to the AudioControl website or any other AudioControl platform on any website in which users can post content, including, without limitation, Reddit.com, and any sub-page, sub-domain, or sub-thread thereof;
  • Posting, directly or indirectly, Ambassador’s promotional code or another AudioControl ambassador’s promotional code on any website, including, without limitation, RetailMeNot.com, Coupons.com and CouponCodes.com;  
  • Using any promotional coupon or code that is not provided to Ambassador by AudioControl for the Program, or running any ad with any of AudioControl's URLs offering brand ambassador commissions;
  • Reading, intercepting, recording, redirecting, interpreting or filling in the contents of any electronic form or other materials submitted to AudioControl by any person or entity; and
  • Selling or reselling any of the AudioControl Products, or offering a cash incentive or discount on AudioControl Products as a means of promotion that is not within the context of the Program.
  1. Monitoring; Removal of Content. AudioControl reserves the right to monitor all Ambassador Accounts and to preview Ambassador’s Content. From time to time, AudioControl may request changes to and/or removal of Content from any and all of Ambassador’s Accounts in its sole discretion. If you refuse to make any requested changes, AudioControl may terminate or limit your participation in the Program. 


  2. Term; Termination. The term of the Ambassador Terms shall begin upon submission of your application and continue unless earlier terminated. The Ambassador Terms may be terminated by AudioControl immediately at any time and for any or no reason, upon AudioControl's written notice to you; and by you upon thirty (30) days written notice by you to AudioControl. Such termination constitutes your termination from the Program; you will be disqualified from receiving any further commission, recognition, communication or compensation from AudioControl; you must discontinue posting about or publicizing your use of AudioControl Products, and stop making any representations, publicly or privately, in which you could be construed as representing AudioControl or AudioControl Products. The obligations related to Confidential Information will continue perpetually after the termination of the Ambassador Terms.
  3. Payment for Services. For eligible Ambassadors, in consideration of the Promotional Activities and rights granted to AudioControl with respect to Content, Ambassador will be compensated as follows: 
  4. Free AudioControl Products. From time to time, AudioControl may provide Ambassador with free AudioControl Products, the value and amount of which shall be determined by AudioControl. You understand that there is no guarantee you will receive free AudioControl Products. 
  5. Merchandise. Through Ambassador’s Promotional Activities, Ambassador may earn points which will be accumulated on the Portal and can be used towards the purchase of merchandise from time to time. This can be granted in, but not limited to, the form of an online promotional code offering discounts or credit towards online purchases from AudioControl.
  6. Appearances. If given the opportunity to participate in special events or Appearances, Ambassador will not be compensated for those appearances unless set forth in a separate written agreement signed by you and AudioControl. AudioControl will strive to give priority to Ambassadors for Appearances but such invitations to participate cannot be guaranteed. 
  7. Commission. Ambassadors are provided with a unique promotional code which can be provided to followers who can use it to buy AudioControl Products at a discounted price. Ambassadors in good standing are entitled to receive a commission of ten percent (2%) of Net Sales made to customers who purchase AudioControl Products using Ambassador’s unique referral link and promotional code (“Customers”), subject to the exclusions in Section 14(e). “Net Sales” shall mean the total amount actually received by AudioControl from the purchase of AudioControl Products by Customers, less: (i) cost of insurance, cost of freight and other shipping and handling charges; (ii) any sales tax, or other similar taxes which may be imposed by a governmental entity having jurisdiction on any such transaction; and (iii) any sales or amounts that are attributable to Spam, credit card fraud, returned AudioControl Products, refunded payments or similar factors. Payment will be made in a form designated by AudioControl from time to time and accepted by Ambassador, on a monthly basis for the previous month. AudioControl reserves the right to roll over to the next month(s) if $100 in commissions is not reached in a given month, in each month in which your commission is less than one hundred dollars ($100).
  8. Exclusions. If a sale is canceled or refunded for any reason, any amount pre-paid to Ambassador will be deducted from the amount owed to the Ambassador. Ambassador will not be paid a commission on sales or orders that are in delinquent status. Ambassador commissions are counted and final numbers are deemed final at the sole discretion and decision of AudioControl. AudioControl also reserves the right to change the dates of the commission payout. While AudioControl makes every reasonable effort to accurately track and pay commissions for all Ambassador sales, AudioControl is not responsible nor shall be held liable for any technical difficulties, outside events, actions by other Ambassadors, or other uncontrollable events that may disrupt or interfere with AudioControl's ability to track sales or pay commissions. AudioControl has the right to pay commissions to any other person, in its discretion. 
  9. Independent Contractor. By entering into the Ambassador Terms, you agree that you are customarily engaged in an independent business of performing Promotional Activities, and are not an employee of AudioControl. Therefore, you are not entitled to any benefits provided by AudioControl to its employees, including, without limitation, worker’s compensation benefits or group insurance. Nothing in the Ambassador Terms should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor.
  10. AudioControl will not have control or exercise direction over the methods by which you perform the Promotional Activities. You are responsible for creating content and determining when your Content will be shared, with the exception of time-sensitive projects as identified by AudioControl. 
  11. You are responsible for your own federal, state and local income, social security, unemployment, sales, disability and any other applicable local, state or federal taxes arising out of your performance of Promotional Activities under the Ambassador Terms. If applicable, AudioControl will report amounts paid to you by filing Form 1099-Misc. with the Internal Revenue Service, as required by Laws. 
  12. You understand and agree that AudioControl will not withhold or make payments for social security, unemployment insurance or disability insurance contributions on your behalf. You agree to indemnify and defend AudioControl against any and all such taxes or contributions. You are also responsible for all costs, liabilities and expenses you may incur in connection with performing Promotional Activities under the Ambassador Terms. 
  13. Intellectual Property. All AudioControl trade names, trademarks, logos, slogans, domain names, trade dress, coupons, hypertext links, promotional codes, designs, works of authorship, and other advertising and marketing material (collectively, the “ AudioControl Intellectual Property”) is the property of AudioControl, and you agree not to use such AudioControl Intellectual Property except in the form provided to you through the Program, and solely for the purpose and in the manner specifically authorized by AudioControl. Unless and only to the extent explicitly authorized by AudioControl, you agree not to modify any AudioControl Intellectual Property or use any modified or derivative version of any AudioControl Intellectual Property. Unless and only to the extent explicitly authorized by AudioControl, you agree not to purchase, use or register any domain name, or any social media profile name, handle, or moniker, that comprises or incorporates any AudioControl Intellectual Property or any variations, derivatives or misspellings thereof. You agree not to publish, host, or promote any AudioControl Intellectual Property or other material that misrepresents your relationship with AudioControl or implies that you are an official site, authorized dealer, or otherwise specially connected with or sponsored by AudioControl.

You agree that any and all AudioControl and/ or AudioControl Product related content, photos, videos, verbiage, pictures, writings, other work product and/ or works of authorship generated as part of the content or otherwise related to the work that you do for AudioControl (collectively, the “Content”) shall be the sole and exclusive property of AudioControl, and you irrevocably assign to AudioControl all right, title and interest in any Content that you create, or to which you contribute, including all intellectual property rights contained therein. You acknowledge and agree that all Content is deemed specially requested by AudioControl (whether or not actually requested), and further agree that it shall be considered a work made for hire within the meaning of the copyright laws of the United States (together with any modifications, improvements or enhancements. You acknowledge and agree that AudioControl is expressly authorized to use your name, likeness, voice, signature, photograph, image, distinctive appearance, gestures or mannerisms as part of any Content, such use will not constitute an infringement of any of your rights, and all your rights relating to or embodied in any Content are hereby waived. 

17. Confidential Information. AudioControl may disclose to your confidential or proprietary information and trade secrets from time to time (collectively, “Confidential Information”). AudioControl's Confidential Information includes, without limitation, all non-public or proprietary information and AudioControl Intellectual Property, including, but not limited to specifications, technology, designs and other proprietary information relating to the AudioControl Products, sales figures, software passwords, customers, names and contact information, event format, presentation content, inventions, financial information, business plans, business processes, marketing plans, marketing strategies, marketing copy, financial projections, personal information of employees and agents, sponsorship strategies, relationships with vendors, technical data, software designs, drawings, specifications, models, source code, object code, documentation, diagrams, flow charts, inventions, techniques, marketing and other future plans. You agree to hold all Confidential Information in the strictest confidence and not to disclose the Confidential Information to any third party. You agree that AudioControl is (and will remain) the sole and exclusive owner of all right, title and interest in and to the Confidential Information, and all AudioControl Intellectual Property. You further agree that you will not, and will cause any employees and other agents to not, use AudioControl's Confidential Information for the benefit of anyone other than AudioControl. You agree not to use AudioControl's Confidential Information for any purpose except in the performance of your obligations under the Ambassador Terms.

18. Third Parties; Competing Products. AudioControl recognizes that, as an independent contractor, you are available to perform services for entities other than AudioControl. You agree to notify AudioControl in writing (email sufficient if acknowledged by an employee of AudioControl) of any other arrangements. Moreover, you warrant and represent that there is no conflict or potential conflict of interest between your performance of Promotional Activities under the Ambassador Terms and your performance of services under other contracts for services or as an employee of other entities, or under your own brand or involving any products you develop or plan to develop for commercial use or sale, alone or with others, and will ensure that no such conflict arises. If you decide to perform services for a competing brand, your status as an Ambassador will be immediately revoked and you will have no further rights under the Ambassador Terms.

19. Indemnity. You will at all times defend, indemnify and hold harmless AudioControl (including, without limitation, all related and affiliated entities and their respective directors, officers, shareholders, agents and representatives) from and against any and all claims of whatever nature, including without limitation:  (i) any violation of Law committed by you or your agents; and/ or (ii) your participation in the Program, and/ or your breach of any obligation, representation or warranty set forth in the Ambassador Terms. Your obligation to indemnify and defend AudioControl as set forth in this Section shall include reimbursement of any and all legal fees and related costs and expenses incurred by AudioControl in connection with any such claim.

20. Limitation of Liability. AudioControl WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF AudioControl HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AudioControl's CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL AMOUNTS PAID TO YOU BY AudioControl IN THE SIX (6) MONTHS PRECEDING THE EVENT WHICH GIVES RISE TO THE CLAIM.

21. Disclaimer. AudioControl MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND TO AMBASSADOR, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OPERATING A VEHICLE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.

22. Modification. AudioControl may change the Ambassador Terms in the future. Unless the Ambassador Terms specify otherwise, AudioControl will give you prior notice of any significant change and if you find the change unacceptable, you have the right to terminate. However, if you continue to participate in the Program after the end of the notice period, you will be deemed to have accepted the changes. You may not modify the Ambassador Terms by making any typed, handwritten, or any other changes to them for any purpose.

23. Miscellaneous. The Ambassador Terms contain the entire agreement with respect to your independent contractor relationship with AudioControl, and supersede any prior verbal and/or written agreements or representations regarding said relationship, and will be governed by the laws of the State of Florida (without regard to conflict of law principles). Each party agrees to do all such acts, matters and things and shall sign or execute and deliver all such documents as may in the reasonable opinion of the other party be necessary or expedient to further and more effectually carry into effect the provisions of the Ambassador Terms. All disputes, claims or controversies arising out of or in any way relating to the Ambassador Terms, shall be governed by, construed under, and enforced in accordance with the laws of the State of Florida, without regard to conflict of laws principles. Both you and AudioControl agree to resolve all disputes related to the Ambassador Terms, to the fullest extent permitted by law, by final, binding and confidential arbitration in the County of Pinellas, State of Florida, conducted by a single neutral arbitrator selected by AudioControl. By agreeing to this arbitration procedure, you agree to waive the right to resolve any such dispute through a trial by jury or judge or by administrative proceeding. All claims, disputes, or causes of action under the Ambassador Terms, whether by you or AudioControl, must be brought in an individual capacity, and shall not be brought as a plaintiff (or claimant) or class member in any purported class or representative proceeding, nor joined or consolidated with the claims of any other person or entity. The arbitrator may not consolidate the claims of more than one person or entity, and may not preside over any form of representative or class proceeding. The Ambassador Terms are made under the provisions of the Federal Arbitration Act (9 U.S.C., Sections 1-14) ("FAA") and will be construed and governed accordingly. Nothing herein shall prevent any party from obtaining injunctive relief in court to prevent irreparable harm pending the conclusion of any such arbitration. Both parties may conduct discovery to the same extent as would be permitted in a court of law. AudioControl and you shall each be responsible for its/your own costs and expenses in connection with the arbitration.