Disney Shopping, Inc. Open Affiliate Program (THE “PROGRAM”) 
Terms and Conditions for TikTok Shop Creators  

Effective as of November 24, 2025 

By clicking the “Add Products” button or otherwise participating in the Program, you (“You”, “Creator” or “Social Seller”) agree to these Disney Shopping, Inc. (“We”, “Us” or “Disney”) Open Affiliate Terms and Conditions (the “Disney Terms”) governing Your participation in the Disney Shopping, Inc. Open Affiliate Program on TikTok. These Disney Terms are separate from TikTok Shop’s Creator Terms of Use. TikTok Shop’s Creator Terms of Use govern Your relationship with TikTok, while these Disney Terms govern the relationship between You and Disney. We reserve the right to conduct a review of the materials You post on any social media platform and any public data available about You.  

These Disney Terms shall take precedence when a conflict of terms arises between topics covered in these Disney Terms and TikTok Shop’s Creator Terms of Use. 

ANY DISPUTES BETWEEN YOU AND US, EXCEPT DISPUTES RELATING TO THE OWNERSHIP OR ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS OR SEEKING PRELIMINARY RELIEF, ARE SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION (SEE BELOW) AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. 

YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THESE DISNEY TERMS, INCLUDING DISNEY’S GUIDELINES FOR CREATOR “POSTS”. IN ADDITION, IF THESE DISNEY TERMS ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE DISNEY TERMS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT THEY, HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THESE DISNEY TERMS. 

By participating in this Program, You agree that You will comply with the following: 

  • You must comply with these Disney Terms to participate in the Program and receive commission income. However, We do not make any representation, warranty, or covenant regarding the amount of commission income You can expect at any time in connection with the Program, and We will not be liable for any actions You undertake based on Your expectations. 

  • You must promptly provide Us with any information that We request to verify Your compliance with these Disney Terms. 

  • You are not a director, officer, member, manager, or employee of Disney or any of the Disney Affiliates (defined below).   

INTELLECTUAL PROPERTY 

Creator acknowledges and agrees that the intellectual property rights and other proprietary rights in and to all materials comprising, including, referencing, adapted from, or based on, by direct reference or by inference (e.g., by shape or outline but without specific features), any names, trademarks, copyrights, trade dress, art works, brands, logos, properties, fanciful characters, slogans, tag lines, and/or other intellectual property of Disney, its affiliates (including parents, subsidiaries and/or other entity(ies) directly or indirectly controlling, controlled by or under common control with Disney (the “Disney Affiliates”)), their licensor(s), or their designee(s) (the “Disney Materials”) are exclusively owned by Disney, a Disney Affiliate(s), their licensor(s), or their designee(s). Creator shall not acquire or assert any proprietary rights to or interest in the Disney Materials. 

Subject to the terms and conditions of these Disney Terms, Creator is hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to participate in the Program and deliver the Creator Content using the Disney Materials. Creator is not granted any rights to use the Disney Materials for any other purpose. This license specifically excludes music, moving image clips, non-character name, voice, and likeness and software. Creator understands and agrees that no public performance rights in or to any music contained in the Disney Materials are granted hereunder. Creator further understands and agrees that any such rights must be obtained by separate agreement between Creator and the applicable rights holders or their performing rights organizations. Creator acknowledges and agrees that Creator does not acquire any right, title or interest in the Disney Materials other than the express license granted herein. “Creator Content” shall mean the content to be produced by, distributed by and/or featuring Creator, including any and all images, illustrations, sketches, photographs, videos, text/written material (inclusive of any informational hyperlinks supporting, referenced by or included with the text), and any other materials provided by Creator pursuant to these Disney Terms. Nothing herein shall permit Creator, nor is Creator authorized to, capture content at any Disney location (e.g., Parks, Cruise Ships) unless separately approved in writing by Disney or the appropriate Disney Affiliate.

As between the Parties, Creator shall own all rights, title and interest, including intellectual property rights, in and to the Creator Content (excluding any and all Disney Materials); provided, however, Creator may not assign, license, public display, publicly perform, monetize or make commercially available the Creator Content without Disney’s prior written approval.  

Creator grants to Disney and the Disney Affiliates an exclusive, royalty-free, worldwide, sublicensable, transferable, and irrevocable license to use, reproduce, modify, or display, in whole or in part, the Creator Content in all media formats, platforms, and channels now known or hereafter devised, in perpetuity, throughout the universe, for any and all purposes, including, but not limited to advertising, promotion, marketing, publicity, trade or commercial purposes.   

Creator hereby irrevocably consents to Disney’s (together with the Disney Affiliates, licensees, and their respective agents and employees) use of Creator’s full name, any aliases, social media account names, biographical data, voice, and reproductions or renderings of Creator’s physical likeness (as the same may appear in any still camera photograph, video, and/or any other form), in whole or in part, in all media formats, platforms, and channels now known or hereafter devised, in perpetuity, throughout the universe, for any and all purposes related to the Program, Creator Content, and/or TikTok Shop, all without further notice to Creator or to any person or entity, and without the requirement of any permission from or payment to Creator or to any other person or entity.  

To the extent that Creator has any moral rights in any such Creator Content, Creator hereby waives such moral rights for the benefit of Disney and the Disney Affiliates. To the extent any moral rights are not waivable by Creator, Creator hereby grants Disney and the Disney Affiliates a worldwide, unconditional, non-exclusive, irrevocable, fully sublicensable and transferable, fully paid, and royalty-free license to use, copy, modify, adapt, reproduce, make derivative works of, distribute, publicly perform and publicly display, publish, transmit, transfer, import, exploit, and/or exercise any and all such moral rights that you may have in or with respect to any Creator Content. 

Creator acknowledges that the Creator Content, or elements or portions thereof, may be similar or identical to the many ideas, suggestions, or creative elements developed by Disney’s or the Disney Affiliates’ personnel and that Disney and the Disney Affiliates shall have no liability to Creator for the use of material independently created by Disney or the Disney Affiliate’s personnel or others, even if such material is substantially similar or identical to the Creator Content. 

Creator acknowledges that it shall not sell advertising targeted to the Creator Content directly or indirectly (including, without limitation, as part of a category of content or via packages). 

Creator represents and warrants that: (i) Creator is the original author and sole owner of the Creator Content, and has obtained or will obtain any and all applicable rights and/or releases for all materials provided to Disney hereunder (to the extent not obtained by Disney), and will provide Disney with all such rights and/or releases upon Disney’s request, (ii) Creator has the full power and authority to enter into these Disney Terms and to perform the acts required of Creator hereunder, (iii) none of the Creator Content or any of Creator’s obligations or actions hereunder (a) infringe or violate or will infringe or violate any rights of any third party (including without limitation any copyright, trademark, any right of privacy or publicity, moral right, patent, or any other intellectual property or related right), any law, statute, ordinance or regulation, or (b) defame or libel any person or entity or are obscene, (iv) none of the Creator Content contain any viruses, bugs, spyware, time-outs, remote accessibility or any programming routines that detrimentally interfere with or corrupt equipment, software, networks or data, (iv) Creator has not heretofore made, and shall not hereafter enter into or accept, any engagement, commitment or agreement with any person or entity that will, does or could conflict with these Disney Terms, interfere with the full and faithful performance of Creator of all of the terms and conditions of these Disney Terms to be performed by Creator, or interfere with Disney's full enjoyment of its rights and privileges hereunder, and (v) unless otherwise set forth herein, Creator will not provide Creator Content to any third party or post the same on Creator’s or any third party sites without Disney’s permission.   

Creator represents and warrants that Creator will not post any Creator Content adjacent to, or link to, any images or text containing, referencing or linking to certain content (“Prohibited Content”), including without limitation the following: (i) liquor of any kind (hard, beer, wine), (ii) tobacco, (iii) firearms, (iv) drugs, (v) politics, (vi) sexually explicit images, (vii) sensationalism, (viii) death, (ix) potentially slanderous or libelous content, (x) vulgar language or proxies for vulgar language (e.g., “X@#%!”), (xi) gambling, (xii) violence (xiii) contraceptives and/or adult-oriented prescription drugs, (xiv) discrimination, (xv) illegal activities or any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights, (xvi) images or content in any way unlawful, harmful, threatening, defamatory, obscene, harassing, and/or (xvii) any other content Disney finds objectionable, in Disney’s sole discretion. In addition, any Prohibited Content must be at least three posts/pages/links/clicks away from Creator Content. 

Creator represents and warrants that (i) Creator and all Creator Content shall comply with all laws; and (ii) Creator and Creator Content shall comply with the Disney Creator Guidelines, attached hereto as Exhibit A and incorporated herein by this reference. 

Creator shall execute and/or deliver any and all documents and take such actions which Disney shall deem desirable and/or necessary to effectuate the purposes of these Disney Terms.   

 

TERM AND TERMINATION 

We may terminate Your participation in the Program at any time for any reason or no reason, including but not limited to any of the following: (a) You are in material breach of these Disney Terms, (b) We believe that We may face potential claims or liability in connection with Your participation in the Program; (c) We believe that our brand or reputation may be tarnished by You or in connection with Your participation in the Program; (d) Your participation in the Program has been used for deceptive, fraudulent or illegal activity; or (e) We have terminated the Program as We generally make it available to participants. 

DISCLAIMERS 

NEITHER WE NOR ANY OF OUR LICENSORS OR THE DISNEY AFFILIATES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. FURTHER, NEITHER WE NOR ANY OF OUR LICENSORS NOR THE DISNEY AFFILIATES WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE COMMISSIONS, PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE PROGRAM. 

LIMITATIONS ON LIABILITY 

NEITHER WE NOR ANY OF OUR LICENSORS NOR THE DISNEY AFFILIATES WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA ARISING IN CONNECTION WITH THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO YOU UNDER THESE DISNEY TERMS IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THESE DISNEY TERMS. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. 

INDEMNIFICATION 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR TIKTOK CHANNELS(S) (INCLUDING YOUR USE OF ANY TIKTOK SERVICE OFFERING) OR YOUR VIOLATION OF THESE DISNEY TERMS, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR RESPECTIVE DISNEY AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO (A) YOUR TIKTOK CHANNELS(S) OR ANY MATERIALS THAT APPEAR ON YOUR TIKTOK CHANNELS(S), INCLUDING THE COMBINATION OF YOUR TIKTOK CHANNELS(S) OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES, (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF YOUR TIKTOK CHANNELS OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR TIKTOK CHANNELS, (C) YOUR USE OF ANY TIKTOK SERVICE OFFERING OR YOUR PARTICIPATION IN THE PROGRAM, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THESE DISNEY TERMS OR APPLICABLE LAW, (D) YOUR VIOLATION OF ANY TERM OR CONDITION OF THESE DISNEY TERMS (INCLUDING DISNEY’S GUIDELINES FOR CREATOR POSTS), (E) YOUR TAXES AND DUTIES OR THE COLLECTION, PAYMENT, OR FAILURE TO COLLECT OR PAY YOUR TAXES OR DUTIES, OR THE FAILURE TO MEET TAX REGISTRATION OBLIGATIONS OR DUTIES, OR (F) YOUR OR YOUR EMPLOYEES’ OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT. WE OR OUR NOMINEE MAY TAKE LEGAL ACTION AND PERFORM ANY PROCEDURAL ACT ON BEHALF OF ANY DISNEY PARTY, INCLUDING THROUGH SPECIAL MANDATE, TO EXERCISE OR DEFEND A LEGAL CLAIM OR FOR THE PROTECTION OF RIGHTS, INCLUDING FOR THE PURPOSE OF ENFORCING THIS SECTION. 

INDEPENDENT CONTRACTORS 

You and We are independent contractors, and nothing in these Disney Terms will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and Us or our respective Disney Affiliates, nor shall You represent to any third party that any of the foregoing relationships exists. You will have no authority to make or accept any offers or representations on our or our Disney Affiliates behalf. If You authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of these Disney Terms, You will be deemed to have taken the action Yourself. 

Notwithstanding TikTok’s designation of the Program as the “Open Affiliate Program”, for the avoidance of doubt, any reference to a “Disney Affiliate” does not and shall not include any Creator participating in the Program. No Creator shall be considered an affiliate of Disney.  

USE AND DISCLOSURE OF PERSONAL INFORMATION 

TikTok’s collection, disclosure, and other processing of Your personal information in connection with the Program is subject to TikTok’s applicable policies and terms.  Disney’s collection, use, and other processing of Your personal information in connection with the Program, including, without limitation, Your personal information disclosed to Us by TikTok (if any), is subject to our Privacy Policy located at https://sites.disney.com/ngr-privacy-policy/, which is incorporated herein by reference.  

We reserve the right to disclose Your details and personal information to third parties to enforce these Terms, other applicable terms or rules, to ensure the safety and security of our guests, employees, and third parties, to protect our rights and property and the rights and property of our guests, employees, and third parties, to comply with legal process, or in other cases if we believe in good faith that disclosure is required by law. 

BINDING ARBITRATION AND CLASS ACTION WAIVER 

PLEASE READ THIS PROVISION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN YOU AND DISNEY THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. 

You and Disney agree to resolve, by binding individual arbitration as provided below, all Disputes (including any related disputes involving The Walt Disney Company, its subsidiaries, or the Disney Affiliates) except for: (i) any dispute relating to the ownership or enforcement of intellectual property rights; and (ii) any dispute seeking preliminary/provisional relief. “Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and Disney concerning the Disney Terms, or this exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable. 

YOU AND DISNEY AGREE TO WAIVE CLASS ACTION PROCEDURES. 

Neither you nor Disney will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings.  If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court. 

Preliminary or Provisional Relief. Nothing in these Terms prevents Us from seeking any provisional/preliminary relief (including, but not limited to, injunctions, attachments or other such orders in aid of arbitration).  When seeking such injunctive relief, You and We submit to, agree to, and waive any objection to the jurisdiction and venue of the state and federal courts located in either Los Angeles, California or the borough of Manhattan, New York, New York.  Any such application to a court for provisional/preliminary relief will not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. 

Informal Dispute Resolution. In the event of a Dispute, you and Disney agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes relating to the ownership or enforcement of intellectual property rights or seeking preliminary/provisional relief in court, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a Dispute to Disney, 500 South Buena Vista Street, Burbank, California 91521-7620, USA, Attention: Legal. We will send any notice of a Dispute to you at the contact information we have available for you, which may include, if applicable, the contact information associated with your Disney account. You and Disney will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. After the end of the sixty (60) day informal negotiation period and not before you or we may commence an arbitration proceeding regarding that claim. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph. 

Arbitration Process and Rules. If you and Disney do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Any demand for arbitration must be filed with  JAMS Mediation, Arbitration and ADR Services (https://www.jamsadr.com/).  JAMS’ Comprehensive Arbitration Rules & Procedures, including JAMS’ Expedited Arbitration Procedures, will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator. For Disputes brought as part of mass arbitration, the JAMS Mass Arbitration Procedures and Guidelines will apply. Mass arbitration is defined as 75 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online will take place in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in Los Angeles or the borough of Manhattan would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. You and Disney agree to submit to the exclusive jurisdiction of the federal or state courts located in either Los Angeles, California or the borough of Manhattan, New York, New York, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim.   

Fees. If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees, as required by JAMS. If the arbitrator finds that either the substance of a claim or the relief sought violates the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule. 

Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer. 

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Disney, including any revocation of consent or other action by you to end your engagement with Disney  or any communication with us. 

Opt-out. You may opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate. To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise, you shall be bound to arbitrate Disputes on a non-class basis in accordance with the Disney Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your opt-out notice must include your name and address, the email address you used to set up your Disney account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). You must mail your opt-out notice to P.O. Box 11565, Burbank, California 91510, USA, Attention: Disney Opt-Out. For clarity, opt-out notices submitted via email will not be effective. 

If you have questions or concerns about the meaning of any provision of this arbitration agreement, please feel free to seek the counsel of an attorney. 

MODIFICATIONS 

We reserve the right to modify any of the terms and conditions contained in these Disney Terms at any time and in our sole discretion by posting a change notice or revised Disney Terms. The effective date of such change will be the date the notice is provided. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. 

ADDRESS FOR NOTICES 

Disney Shopping, Inc. 

500 South Buena Vista Street 

Burbank, California 91521-8022 

Attention:  Contracts Administration 

 

With a copy to:  

The Walt Disney Company 

500 South Buena Vista Street 

Burbank, California 91521-1225 

Attention:    Chief Counsel 

Disney Consumer Products Legal Group 

 

 

Exhibit A 

Disney  Guidelines for Creator “Posts” 

The Walt Disney Company takes very seriously the trust that consumers have in our brands and in our company. We adhere to brand principles that aim to live up to this trust by ensuring that we do not act in a distasteful or inappropriate manner, and we take particular care to ensure that we have the best interests of kids and families at heart. Thank you for adhering to these guidelines. 

Definitions

 

“Post” refers to content (such as a video, photograph, or blog post) created by an influencer to discuss or promote a product, service, or experience (collectively referred herein as a “Product”) involving one or more Disney brands (e.g., Disney, Pixar, Marvel, Lucasfilm, ABC, ESPN, FX, Freeform, Hulu, 20th Century Studios, Searchlight Pictures, National Geographic, etc.) and thereafter shared on social media platforms (e.g., YouTube, TikTok, Facebook,  Instagram, etc.), or a personal or professional blog, or some other kind of website or application that is appropriate for the Disney brands. 

“Endorsement” means any advertising, marketing or promotional message for a Product that consumers are likely to believe reflects the opinion, beliefs, findings, or experiences of the endorser. Endorsements include, but are not limited to, verbal statements, tags in social media posts, demonstrations, depictions of the name, signature likeness or other identifying personal characteristics of an individual, and the name or seal of an organization. 

“Static Post” refers to a Post that (1) has no audio and (2) only contains written text or other visual Endorsements (e.g., written reviews, promotional hashtags, photos, other images, etc.).  

“Audiovisual Post” refers to a Post that (1) has an audio component, and (2) contains a verbal Endorsement and/or promotional messaging in the audio format, such as video Posts and/or Posts that contain an image with a voiceover/other promotional audio. Audiovisual Posts frequently contain written/visual Endorsements in addition to verbal Endorsements.  

 

Brand Goodwill

Please do not create Posts that are libelous, defamatory, obscene or unlawful, otherwise violate or infringe anyone’s rights, depict tobacco, alcohol, cannabis, sexual situations, violence or weapons, or are detrimental to the high standards, good image and reputation of any of Disney’s affiliated or related companies.  

 

Audience Suitability & Children

Please avoid cynicism, offensive stereotypes, and topics that might be scary or unsuitable for the intended audience of a particular Product (including encouraging unsafe or inappropriate behavior, misuse of a product, sexual situations, or other irresponsible or uncharacteristic behavior).   

 

Character Worlds & Story Telling

Avoid commingling characters and icons that are part of a Disney brand with characters or elements from other companies (e.g., Dora the Explorer, Hello Kitty, Superman). Further, avoid mixing characters from different franchises (e.g., mixing Marvel with Disney or Star Wars with Marvel). It is also preferred that Disney characters remain in their own “worlds” (e.g., do not mix Disney Princess characters with Toy Story or Winnie the Pooh characters). Characters should remain true to their personalities and may not act as salespeople.  

 

Substantiation and Disclosure of Your Connection to Disney

The U.S. Federal Trade Commission (“FTC”) places certain disclosure and substantiation requirements on influencers who have been paid or been given other incentives to create Posts.  Posts should reflect the honest opinions, findings, beliefs, or experience of the endorser, and descriptions of Products should be truthful, accurate, and not misleading.  Disclosure of your material connection to Disney needs to be “clear and conspicuous”, meaning it must be unavoidable, hard to miss, easy to read and understand, and in the same format and in close proximity to your Endorsement of any Product.  Please visit www.ftc.gov for more information about testimonials and endorsements. The target audience for your Post must be within the United States. 

 

Product Reviews

If your project involves reviewing a Product provided by a Disney brand, you should actually use it, and your review should reflect your truthful opinion.  

You may include the instructions and warnings from the product packaging or other marketing materials provided by Disney in your Post. You should not, however, make any claims or promises about a Product beyond what was provided. For example, you should not say using a Product caused you to “gain IQ points” or that the Product “will never break.” 

 

If the Product requires additional things to work, such as batteries or a memory card, you should tell your audience. 

 

 

 

REQUIRED DISCLOSURE ACTIONS FOR ALL PLATFORMS

 

FOR AUDIOVISUAL POSTS:

Text Overlay. You should include an easily readable burned-in text overlay disclosure, with good contrast against the background, at the beginning of the video that lasts at least 5 seconds. For long-format videos, especially live formats, you should repeat the disclosure at appropriate intervals, in particular at the beginning of any segment where the Product is discussed or otherwise featured.  Examples: 

  • Sponsored by Disney 

  • Paid promotion for Disney  

  • Paid endorsement for Disney 

  • Free toys and paid support provided by Disney 

  • Paid link for Disney 

 

Verbal Disclosure. You should verbally disclose your connection to Disney at the beginning of your video introduction, either on-camera or as voice-over, especially if you verbally Endorse the Product in your Post. For longer videos or live streams, you should repeat this verbal disclosure at appropriate intervals, in particular at the beginning of any segment where the Product is discussed or otherwise featured. Example:  

  • “Thank you Disney for your paid support of this Cinderella makeup line video!” 

  • ”Disney may pay me a commission if you make a purchase.” 

  •  “Disney may pay me a commission on the purchase of this product.” 

 

Written Disclosure.  You should place a written disclosure at the top of the video description box (e.g., within first couple of lines and before the need to click “more”). The words used for this disclosure can be similar to the text overlay disclosure. Examples: 

  • Sponsored by Disney 

  • Paid promotion for Disney  

  • Paid commission link for Disney 

  • Free toys and paid support provided by Disney 

 

FOR STATIC POSTS:

Written Disclosure.  Your written disclosure should stand out from any accompanying text and/or background image(s) by its prominent placement, contrasting color, size and easily legible font.  You should place a written disclosure at the top of the Post or include it in the very first paragraph of your review. For Posts on social media platforms, you should place your disclosure within first couple lines of copy to ensure it is unavoidable and seen in close proximity to the Endorsement. Examples: 

  • Sponsored by Disney 

  • Paid support and free product provided by Disney 

  • #paid or #ad or #sponsored or #paidlink or #commissionlink (with or without hashtags) 

 

FOR ALL POSTS ON SOCIAL MEDIA PLATFORMS:

Social Media Branded Content Tools.  Some social media platforms have disclosure tools to use when posting a branded content Post. You should follow the platform’s guidance and use the tools appropriately. 

 

NO POSTS SHOULD BE DIRECTED TO CHILDREN UNDER 18