Social Media and Brand Ambassador Policy

1. Purpose

Dray-Pepe, Inc. (“Dray-Pepe”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, Dray-Pepe hereby adopts this Social Media and Brand Ambassador Policy (this “Policy”).
This Policy applies to all Dray-Pepe independent contractors, brand ambassador, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of Dray-Pepe, whether they are engaged by Dray-Pepe directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Brand Ambassadors”).
This Policy is intended to outline the policies and procedures of Dray-Pepe with respect to any and all advertising messages or promotional communications made by Brand Ambassadors. It is also intended to address endorsements and testimonials made by Brand Ambassadors about Dray-Pepe, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.
Brand Ambassadors are legally responsible for their opinions, comments and content. Individual Brand Ambassadors can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to Dray-Pepe, its suppliers/partners or any other person or entity. For these reasons, Brand Ambassadors should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.
In addition, Brand Ambassadors should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.

2. Standards of Conduct

With respect to statements or other claims made in advertising messages or promotional communications about Dray-Pepe and/or its products or services, Brand Ambassadors must adhere to the following principles:

a. Brand Ambassadors may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. Dray-Pepe encourages these statements to be in the first person. Brand Ambassadors may not make statements about experiences with a product that they have not personally tried, examined or evaluated.

b. Brand Ambassadors by organizations must reflect the collective judgment of the organization, as approved by senior management.

c. Brand Ambassadors may not make deceptive or misleading claims about Dray-Pepe’s products or services, or Dray-Pepe’s competitors’ products or services, to consumers.

d. Brand Ambassadors may not make any claims about Dray-Pepe’s products or services, or Dray-Pepe’s competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Brand Ambassador does not have).

e. Brand Ambassadors may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.

f. Brand Ambassadors may not offer for sale, or solicit, products or services on behalf of Dray-Pepe.

g. Brand Ambassadors may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about Dray-Pepe or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.

h. Brand Ambassadors may not use ethnic slurs, personal insults, obscenity, or other offensive language.

i. Brand Ambassadors may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Dray-Pepe’s customers or other individuals.

j. Brand Ambassadors may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.

k. Brand Ambassadors must adhere to the legal conditions on Dray-Pepe’s web site and the posting guidelines and Terms of Use on any web site on which they post content on behalf of Dray-Pepe.

l. Brand Ambassadors must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar.

m. Brand Ambassadors that are also employees of Dray-Pepe must also adhere to any and all guidelines provided by Dray-Pepe to its employees with respect to social media and related matters.

n. Brand Ambassadors must adhere to any specific additional guidelines provided by Dray-Pepe.

o. Brand Ambassadors must always use sound judgment and common sense.

3. Disclosure Requirements

a. Brand Ambassadors must clearly and conspicuously disclose and make readily apparent all “material connections” to Dray-Pepe in all advertising messages and promotional communications concerning Dray-Pepe and/or its products or services.

i. A “material connection” is one that could influence the weight or credibility a reasonable consumer would give to the communications or messages made by the Brand Ambassador. Such connections may be in the form of (a) consideration (such as monetary compensation, including fees or commissions; gift cards; event access; prizes; or free or discounted products or services) provided by Dray-Pepe (or any of its agents acting on its behalf) to the Brand Ambassador, or (b) a relationship between Dray-Pepe and the Brand Ambassador (such as employment or contractual relationships).

ii. Some examples of appropriate material connection disclosures are:
– I received from Dray-Pepe as a gift;
– [Thanks to][Courtesy of] Dray-Pepe, I was given this
– Dray-Pepe sent me to try;
– Some of the products reviewed in this blog post were sent to me by Dray-Pepe;
– This post is a paid advertisement for Dray-Pepe;
– I am an employee of Dray-Pepe.
These are simply examples of appropriate disclosures and variations on these examples may be appropriate based on the context. The key is to make it apparent to the reasonable consumer that Dray-Pepe provided the subject product or service, as opposed to the Endorser independently purchasing or obtaining the subject product or service.

iii. It is not sufficient to make a single disclosure on a home page or legal terms/disclaimer page that, for example, “many of the products I discuss on this site are provided to me free of charge by their manufacturers.” Disclosures should be tied to the specific products at issue and readily apparent to readers of the particular blog post.

iv. When using a Twitter, Facebook, Instagram or similar platform, Brand Ambassadors should endeavor to include a link on their main profile page directing followers to a comprehensive disclosure statement.

b. Brand Ambassadors who post their own opinions, comments, content or recommendations about Dray-Pepe, and/or its products or services, must disclose that their views do not necessarily represent those of Dray-Pepe.

4. Trademarks and Intellectual Property

All emblems, logotypes, insignia, designs, devices, colors, artwork, trademarks, trade names, service marks, trade dress and copyrights, and the commercial goodwill associated therewith, that at any time were or are owned, applied to be registered or registered (irrespective of class of goods/services), controlled, cleared for use by, or on behalf of, or licensed by Dray-Pepe or any of its affiliates may only be used or posted by Brand Ambassadors with the prior written consent of Dray-Pepe in each instance, strictly in accordance with the specific guidelines provided by Dray-Pepe.

5. Confidentiality

Brand Ambassadors may develop, have access to, or directly or indirectly be exposed to, information of a proprietary and confidential nature about Dray-Pepe (including without limitation its business operations and activities, strategic plans and financial information) which, if disclosed, could have a negative effect on Dray-Pepe. Brand Ambassadors shall keep confidential and not disclose any such information and, upon termination of an Brand Ambassador’s relationship with Dray-Pepe, the Brand Ambassador shall promptly return to Dray-Pepe any confidential information in the Brand Ambassador’s possession. In the event that there is any question as to whether particular information is confidential in nature, Brand Ambassadors must promptly contact Dray-Pepe for clarification and approval before posting, commenting, blogging or uploading content.

6. Questions

Any questions concerning the contents of this Policy should be referred to dray@draypepe.com

7. Right to Modify Policy

Dray-Pepe reserves the right to amend, restate, supplement or otherwise modify this Policy at any time. In the event of a dispute as to the interpretation of this Policy, Dray-Pepe’s interpretation shall be final.

8. Effective Date

This Policy is effective immediately and was last updated October 29th 2018.