Shark Ninja Storytellers Terms and Conditions
United States participation terms
These Terms and Conditions (the "Agreement") govern your participation in Shark Ninja Storytellers (the "Program") and all services, content and materials you provide in connection with the Program through the Duel platform. This Agreement is between you, as an individual ("you" or "Participant"), and [SharkNinja contracting entity to be confirmed by Legal] ("SharkNinja", "we", "us" or "our"). "Services" means the services you provide through Program challenges, campaigns or other engagements.
Please read this Agreement carefully. By accepting it in the Program portal, providing Services or participating in the Program, you agree to be bound by this Agreement and the additional terms and policies expressly incorporated into it. If you do not agree, do not provide Services or participate in the Program.
This Agreement takes effect when you first accept it, provide Services or participate in the Program and continues until terminated under section 9. SharkNinja may issue creative briefs describing specific Services and requirements (each a "Creative Brief"). Each Creative Brief is subject to this Agreement. If there is a conflict, this Agreement prevails.
1 Eligibility
You must be at least 18 years old and a United States resident with a valid United States shipping address to participate in the Program or provide Services to SharkNinja or its affiliates.
2 Participant responsibilities
You must comply with this Agreement, each applicable Creative Brief and the Duel platform Terms of Use. Provide honest opinions, reviews and experiences. Treat others respectfully and do not harass anyone, post hate speech or engage in unlawful or misleading conduct. Do not use bots, fake accounts or purchased followers.
Your Program content must comply with SharkNinja brand guidance and the applicable Creative Brief. Do not feature or tag competing products or brands in content created for the Program. Any restriction on other brand partnerships outside Program content must be separately agreed in writing, identifying the relevant product categories and duration.
All Program content, materials and posts must include only original spoken-word audio. Do not incorporate or synchronize third-party music, sound recordings or musical compositions.
Clearly disclose your relationship with SharkNinja when sharing gifted, commission-linked or other Program content, as described in section 12.
3 Program benefits
Subject to your compliance with this Agreement and the applicable Creative Brief, you may be eligible for challenges, points, rewards, product gifting, follower offers, events or other Program opportunities. The benefits available to you and any eligibility requirements will be stated in the Program portal or applicable Creative Brief. Benefits are subject to availability.
The compensation and benefits specified for the applicable engagement constitute the full compensation for your Services and the rights granted under this Agreement, unless otherwise agreed in writing. Participation does not guarantee any particular reward, payment or opportunity.
4 Commission and taxes
Where commission is offered, you may earn it on qualifying sales attributed to your approved tracking link or referral method and verified through the designated tracking system. The applicable rate, qualifying criteria, validation process and payment arrangements will be communicated in the Program portal or applicable commission terms before you undertake the relevant activity.
Returns and cancellations are deducted before payment. Purchases you make through your own tracking link or referral method do not earn commission. SharkNinja may adjust commission rates and qualifying criteria with reasonable notice; your continued participation after the notified changes take effect constitutes acceptance of those changes.
You are responsible for all applicable taxes, withholdings, agency fees and other charges relating to compensation or benefits you receive.
5 Program administration
SharkNinja may approve or reject submissions in its sole discretion, remove Participants with or without cause or notice, and modify rewards, tiers, commission rates or the Program structure upon notice. Notice may be provided through the Program portal or otherwise in writing, subject to the reasonable notice requirement in section 4 for commission changes.
You must take down, correct or repost Program materials at SharkNinja's request, including to correct disclosures, spelling or inaccurate information. This requirement applies even if SharkNinja previously approved the materials. SharkNinja may use submitted materials as provided in section 6.
6 Content and usage rights
"Materials" means all content and materials you submit as part of the Program. By submitting Materials, you grant SharkNinja, its subsidiaries and affiliates, and their representatives and agents an exclusive, royalty-free, perpetual, worldwide, unconditional and irrevocable right and license to use, repost, edit, repurpose and distribute the Materials across owned, earned and paid marketing channels, including social media, websites, email, in-store displays and out-of-home advertising.
This grant includes the use of your name, approved nicknames, approved likeness, approved images and other approved personal identifiers (your "Persona") in connection with the applicable Program engagement. SharkNinja will credit you on organic channels where possible. SharkNinja is not required to remove Materials published during the term of this Agreement.
7 Privacy
SharkNinja will handle your personal information in accordance with its applicable privacy notice. [Legal to confirm the notice applicable to Program participants and insert its link before publication.] Duel's handling of personal information is subject to its applicable privacy notice, made available through the Program portal.
8 Points and rewards
Where points and rewards are offered, the applicable earning, progression and redemption rules will be communicated in the Program portal or relevant Creative Brief. Points have no cash value and cannot be transferred or sold. Rewards are subject to availability and may be substituted with items of equivalent value.
9 Termination
You may leave the Program at any time by notifying SharkNinja through the Program contact channel provided in the portal. SharkNinja may end your participation at any time, with or without cause or notice, including if you breach this Agreement.
If termination is not due to your breach, commission validly earned before termination will be paid after the applicable validation process. If termination is due to your breach, you will not be entitled to outstanding payments and, at SharkNinja's request, must refund sums paid before termination.
Sections 6 and 11 through 18, and any other provisions intended by their nature to survive, continue after termination. SharkNinja is not required to delete posts containing Materials published in accordance with this Agreement. SharkNinja may also use your Persona in connection with the Materials in perpetuity for internal business purposes or internal corporate communications.
10 Duel platform terms
You must comply with the Duel platform Terms of Use made available through the Program portal. SharkNinja is a third-party beneficiary of those terms to the extent they relate to your engagement with SharkNinja.
11 Confidential information
You must not use or disclose nonpublic confidential or proprietary information obtained while providing Services, except as necessary to perform those Services. This includes nonpublic Program details, trade secrets, know-how, intellectual property, correspondence, software, customer and vendor lists, business plans, unreleased promotional materials, financial information, pricing, fees, commissions, audience metrics and nonpublic agreements.
You may disclose confidential information to your professional advisers, including your agency, manager, accountant or attorney, where appropriate, provided they keep it confidential. You are responsible for unauthorized disclosures by your representatives. Do not make unauthorized public or press statements about confidential aspects of the Program or Services. Nothing in this section prevents required advertising disclosures or disclosures required by law.
12 Representations and warranties
Except for materials supplied by or on behalf of SharkNinja, you represent and warrant that the Materials are original to the Program; that they do not infringe copyright and, to your knowledge, do not violate any trademark, patent, publicity, privacy or other rights; and that you own the Materials or hold perpetual, transferable and sublicensable rights sufficient to grant the rights in this Agreement.
You represent and warrant that you have authority to enter into this Agreement, that no other obligation conflicts with it, and that you will perform the Services promptly, professionally and in compliance with applicable laws. You will use SharkNinja intellectual property only as permitted by section 14. You have the authority and permissions necessary to include anyone appearing in the Materials, including any minor children.
During the term, you must not commit a crime or engage in conduct involving moral turpitude, conduct inconsistent with SharkNinja's brand values, or conduct likely to bring SharkNinja, its representatives, you or the Program into widespread disrepute, contempt, scandal or ridicule.
You represent that you are not a member of SAG-AFTRA or any other actors' or performers' union or guild, and that the Services are not subject to any talent union, guild or collective bargaining agreement, including any payment obligations.
You must comply with applicable endorsement and advertising laws, including the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising. Clearly and conspicuously disclose compensation, gifts, commission or other material connections with SharkNinja in each relevant post. Use clear language such as "ad" or "sponsored", place disclosures where audiences will see them without clicking "more", and include appropriate disclosures in Stories and video content. A platform disclosure tool must be supplemented where necessary to make the relationship clear.
Materials must reflect your honest, current opinions and personal experience. Do not make false, misleading or deceptive statements. Use only factual product claims supplied or approved by SharkNinja for the Materials. Do not purport to speak on behalf of SharkNinja.
Clearly label AI-generated content near that content. Do not present AI-generated people or content as real customers, endorsers or testimonials, or use AI to fabricate likes, followers, reviews or other social proof. Ensure AI-generated content is accurate and not misleading, and keep records of relevant reviews and risk assessments.
SharkNinja represents and warrants that it has authority to enter into this Agreement and will comply with applicable laws in performing it.
13 Indemnification and damages
You agree to indemnify, reimburse, defend and hold harmless SharkNinja, its representatives and agents, and their respective affiliates, officers, directors and employees from claims, damages, losses, liabilities, costs and expenses, including reasonable outside attorneys' fees, arising from your breach of this Agreement, your representations or warranties, your negligence or willful misconduct, or actual or alleged infringement of intellectual property rights arising from your Materials or posts.
On behalf of yourself and your successors, assigns, heirs, executors and administrators, you release and waive claims against SharkNinja and its representatives and agents, and agree not to sue them, in relation to uses permitted by this Agreement.
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THIS EXCLUSION DOES NOT APPLY TO BREACHES OF REPRESENTATIONS OR WARRANTIES EXPRESSLY SET OUT IN THIS AGREEMENT.
14 Intellectual property and permissions
Except for SharkNinja products and materials supplied by SharkNinja, you are responsible for obtaining all necessary written third-party releases and permissions, including for people and locations, and providing them to SharkNinja. The restriction on music in section 2 continues to apply.
You may use SharkNinja trademarks, designs, patents, trade dress, trade names and copyrighted works only as necessary to perform the Services and as approved by SharkNinja. Materials supplied by SharkNinja must remain unmodified and be used in their original form as approved in writing. Do not use SharkNinja intellectual property for personal promotion or to imply endorsement of your website, products or services.
You may use the Materials in your portfolio after SharkNinja releases them to the public. SharkNinja retains its intellectual property rights in its products and supplied materials.
15 Assignment and subcontracting
You may not assign or subcontract your rights or obligations under this Agreement without SharkNinja's prior written consent.
16 Relationship of the parties
You are an independent contractor. This Agreement does not create a partnership, agency, joint venture or employment relationship. You may not make representations, contracts or commitments on SharkNinja's behalf unless an authorized SharkNinja officer permits you to do so in writing. SharkNinja is not responsible for your broker's or agent's fees or commissions.
17 Governing law and jurisdiction
[SharkNinja Legal to insert the approved governing law, exclusive courts and any required jurisdiction-specific provisions before publication.]
In any action you bring relating to this Agreement or the Program, your exclusive remedy will be actual damages, and you will not be entitled to injunctive or other equitable relief, to the extent permitted by applicable law.
18 Entire agreement and amendments
This Agreement and the terms and policies expressly incorporated into it contain the entire understanding between the parties regarding the Program. Except for changes to Program benefits, structure and commission arrangements expressly permitted by sections 4, 5 and 8, amendments to this Agreement must be in writing and agreed by both parties. This Agreement binds and benefits the parties and their permitted successors and assigns.