Content Submission Terms

1. Agreement to these Terms

These Content Submission Terms (the "Terms") are a binding agreement between you and Stello Marketing LLC, which operates StelloMAX ("Stello," "we," "us," or "our"). By checking the consent box and submitting a photo, video, or other material (your "Content") through a StelloMAX submission page, you agree to these Terms. Checking the box and tapping Submit is your electronic signature and has the same effect as a handwritten signature. If you do not agree, do not submit Content.

"Brand Partners" means the brands, product sellers, and clients whose products appear on a submission page, and their agencies. "Stello Parties" means Stello, the Brand Partners, and each of their parents, affiliates, officers, directors, members, managers, employees, contractors, agents, licensees, successors, and assigns.

2. Eligibility

You must be at least 18 years old, a resident of the United States, and legally able to enter into this agreement. Submissions are by invitation only. We may decline any submission, and we may refuse or reverse a payout if you are not eligible or if you break these Terms.

3. License to your Content

You keep ownership of your Content. In exchange for the payout described in Section 6, you grant the Stello Parties a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use your Content in any way, in any media or format now known or later developed, for any marketing, advertising, promotional, trade, or business purpose. This includes the right to:

• copy, publish, display, perform, distribute, and transmit your Content;
• edit, crop, resize, color-correct, shorten, subtitle, translate, add text, graphics, music, or voice-over to, and combine your Content with other material;
• use your Content on websites, e-commerce and marketplace product listings (such as Amazon, Walmart, Target, and Shopify), social media, paid digital and social advertising, email, print, packaging, point-of-sale, broadcast, streaming, and outdoor media; and
• let others (such as retailers, platforms, and agencies) do any of these things on a Stello Party's behalf.

The Stello Parties are not required to use your Content, to credit you, or to show it to you for approval before use. This license does not end if you stop participating, if you delete your copy, or if you ask us to stop using your Content (see Section 9).

4. Your name, likeness, and voice

You grant the Stello Parties the same rights described in Section 3 to use your image, likeness, voice, appearance, first name or initials, and any statements you make in your Content (together, your "Likeness"), in connection with your Content and the products shown in it, including as a customer photo, testimonial, or endorsement. You waive any right to inspect or approve the finished marketing materials and any right of publicity, privacy, or "moral rights" claims relating to uses allowed by these Terms, to the fullest extent the law allows. We will not publicly display your last name or phone number without your separate permission.

5. Your promises about your Content

By submitting Content, you promise (represent and warrant) that:

• you personally created the Content, it is original, and you own or control all rights needed to grant the rights in these Terms;
• you are the only identifiable person in the Content, or every other identifiable adult in it has agreed in writing to these same rights, and no person under 18 appears in it;
• the Content does not include music, artwork, logos, trademarks, or other material owned by anyone else, other than the product you were asked to feature;
• the Content does not infringe or violate anyone's copyright, trademark, privacy, publicity, or other rights, and is not defamatory, obscene, hateful, violent, or illegal;
• any opinions or statements in the Content are your honest, truthful views and experiences, and you have not made false or misleading claims about the product (including health, safety, or performance claims); and
• you obtained the product lawfully and your participation does not break any agreement you have with anyone else.

6. Payout

If we approve your Content, we will send you the payout amount shown on the submission page (plus any tip we choose to add) as a digital reward through our payment partner, Tremendous, delivered to the mobile number you provide. Approval is at our sole discretion. The payout is the full and complete payment for your Content, the license, and every other right you grant in these Terms; no royalties, residuals, or other fees will ever be owed for any use.

If your Content is rejected, you will not be paid, and the Stello Parties will not use that Content publicly for marketing. You are responsible for any taxes on payouts you receive. Rewards are subject to Tremendous's terms. We are not responsible for payouts sent to an incorrect number you provided.

7. Endorsements and product reviews

Your payout is for your Content only. It is not payment for, and is not conditioned on, posting a review or rating on Amazon or any other retailer or review site, and you are not asked to post one. If you choose to post a review anywhere, it must be your own honest opinion and must comply with that site's rules and with the Federal Trade Commission's Endorsement Guides, including disclosing any material connection where required. You understand that a Stello Party may identify your Content as customer-created or compensated content where the law requires.

8. Text messages

By providing your mobile number, you agree that Stello may send you text messages about your submission, including payout delivery and a thank-you message, and may share your number with Tremendous and our SMS provider (Twilio) only to deliver them. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help. Consent to marketing texts is not a condition of any purchase.

9. Removal requests

You may ask us to stop using your Content by emailing contact@stellomark.com. We will use reasonable efforts to stop new uses by Stello and to tell the relevant Brand Partner. Because the license is irrevocable and Content may already be published, printed, or distributed, we cannot guarantee removal of existing uses, and a removal request does not require any refund or create any liability for the Stello Parties.

10. Release

To the fullest extent the law allows, you release and forever discharge the Stello Parties from all claims, demands, and liabilities of any kind, known or unknown, arising from or related to any use of your Content or Likeness allowed by these Terms, including claims for invasion of privacy, right of publicity, defamation, false light, copyright or moral rights infringement, emotional distress, or blurring, alteration, or distortion (whether intentional or not) of your Content.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Stello Parties from and against any and all claims, demands, lawsuits, losses, damages, liabilities, fines, penalties, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your Content; (b) any breach of your promises in Section 5 or any other part of these Terms; (c) your violation of any law or regulation; (d) any claim by a person who appears in, or claims rights in, your Content; or (e) any review, post, or statement you make about a product. We may assume the exclusive defense and control of any matter you must indemnify, and you agree to cooperate with our defense. You may not settle any such matter without our prior written consent.

12. Disclaimers and limitation of liability

StelloMAX and all submission pages are provided "as is" without warranties of any kind. To the fullest extent the law allows, the Stello Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, arising from these Terms or your Content, and the Stello Parties' total liability to you for any claim will not exceed the total payouts you received from Stello in the 12 months before the claim arose.

13. Privacy

We collect your first and last name, mobile number, Content, and the date and time you agreed to these Terms. We use this information to review your submission, send your payout and texts, keep records of your consent, and operate StelloMAX. We share your Content (but not your phone number) with the Brand Partner whose product is shown, and share your name and number with Tremendous and Twilio only to deliver payouts and texts. We do not sell your phone number.

14. Disputes: arbitration and class action waiver

Please read this section carefully; it affects your legal rights. Before filing any claim, you agree to first contact us at contact@stellomark.com and try in good faith to resolve it informally for at least 30 days.

Any dispute that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property. The arbitration will take place in Colorado or by video or telephone. YOU AND STELLO EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

You may opt out of this arbitration agreement by emailing contact@stellomark.com within 30 days after your first submission, with your name, phone number, and a clear statement that you opt out of arbitration. If this section does not apply or is found unenforceable, the exclusive venue for any dispute will be the state or federal courts located in the State of Colorado, and you consent to their jurisdiction.

15. General

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-law rules, and by the Federal Arbitration Act. They are the entire agreement between you and Stello about your Content and replace any earlier understanding. If any part is found unenforceable, that part will be enforced to the maximum extent allowed and the rest will remain in effect. Our failure to enforce any right is not a waiver. We may assign these Terms, including to any Brand Partner or successor; you may not. Nothing in these Terms creates an employment, agency, or partnership relationship; you participate as an independent individual.

We may update these Terms from time to time. The version in effect when you submit Content governs that Content. Sections 3 through 5 and 9 through 15 survive the end of your participation.

16. Contact

Stello Marketing LLC · contact@stellomark.com