SHUTTERFLY STUDIO BRAND AMBASSADOR
PROGRAM APPLICATION TERMS.

These Application Terms (“Terms”) govern the process by which individuals may apply to be selected, at Shutterfly’s discretion, for participation in the Shutterfly Brand Ambassador Program Studio (“Program”).

THESE TERMS ARE SUBJECT TO SHUTTERFLY’S ONLINE GENERAL TERMS OF USE, WHICH INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE “ARBITRATION” SECTION (SECTION 19) THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND US OR OUR AFFILIATES.

Please read these Terms carefully. By submitting an application, you (“Applicant”) agree to be bound by these Terms, the Shutterfly General Terms of Use, and the Shutterfly Privacy Policy, all of which apply to the application process and to any resulting agreement that may be offered to you to participate in the Program from Shutterfly, LLC (“Shutterfly,” “we,” “our” or “us”). In the event of a conflict between these Terms and any linked documents, these Terms will govern on matters directly related to the Program.

WHAT THE PROGRAM IS: Shutterfly Studio Brand Ambassador Program is for the true creator. Leverage Shutterfly to amplify your personal brand, partner with us to monetize your content through affiliate links, connect with a diverse network of like-minded individuals who share your passion, and get opportunities to experience early access to our latest products, services, and features. As a Shutterfly brand ambassador, you will be assigned to create and market content for Shutterfly that speaks to your audience.

ELIGIBILITY: You must be at least 18 years old and a legal resident of the 50 United States or D.C. Employees of Shutterfly, Inc. and its affiliates are not eligible to submit an Application or to otherwise participate in the Program.

HOW TO APPLY: Follow the instructions at the Site to complete your application (“Application”). Complete and submit the Application with all required information in accordance with all instructions and any stated deadlines set forth by Shutterfly on the Site. Limit one (1) Application per person. All Application information and materials must be true and correct and be your own original work.

APPLICANT SCREENING AND SELECTION PROCESS: Shutterfly will review Applications on a rolling basis and will select Applicants to participate based upon their quality of content, post consistency, and brand authenticity. Your acceptance into the Program is subject to Shutterfly approval. Shutterfly has full discretion as to the number of Applicants it selects and reserves the right not to select any applicants at all if, in its discretion, none of the applicant’s meet Shutterfly’s advertising, promotional or other business needs or Program capacity has been met. Anyone selected as a potential Brand Ambassador will be contacted using the information supplied in the Application and Shutterfly is not responsible for any changes to or inaccurately provided contact information.

Participation as a Brand Ambassador requires acceptance of and ongoing compliance with a separate Brand Ambassador Participation Agreement that will address standard topics including but not limited to minimum Program participation obligations (including an obligation to post approved content at least once every three months), usage/approval rights in materials (including the right for Shutterfly to use content that Brand Ambassadors create in connection with Program participation), compensation details, communication systems and mechanisms, and Shutterfly’s right to terminate the Program and/or any individual’s participation in the Program at any time for any reason or no reason in its absolute discretion.

Brand Ambassadors must create and maintain accounts with Commission Junction, or other affiliate network specified by Shutterfly, and the Miappi platform to participate in the Program. The Program utilizes an affiliate commission structure and Brand Ambassadors are responsible for all tax obligations that arise from receipt of any affiliate commissions through the Program. Shutterfly makes no representations that Program participation will result in the receipt of any commission payments.

GENERAL CONDITIONS: By submitting an Application, you agree to release, discharge, hold harmless, and indemnify Shutterfly, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents, and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses, and damages of any kind arising from or relating to participation in the Application process for the Program.

Applicants are solely responsible for complying with all applicable federal, state and local laws, rules, or regulations in connection with participation in the Program. Proof of submitting an Application (such as, without limitation, a screenshot of your application) does not constitute proof of actual receipt of a submission for purposes of this Program.

Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Applications or emails; or for lost, interrupted, or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing, or otherwise relating to or in connection with the Application process for the Program.

Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Application process or the Program. Released Parties are not responsible for injury or damage to any person’s computer related to or resulting from participating in this Application process or downloading materials from or use of the Site. Shutterfly reserves the right at its sole discretion to suspend, modify, or terminate the Program at any time and for any reason.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE APPLICATION PROCESS MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SHUTTERFLY RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

By applying to the Program, Applicant understands that they may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, Applicant acknowledges that they have read and understand, and hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law in any jurisdiction, which provides as follows: