KitchenAid Makers Club Application Terms and Conditions
These Application Terms (“Terms”) govern the process by which individuals may apply to be selected for the KitchenAid Makers Club (“Program”). BY COMPLETING AND SUBMITTING THE ONLINE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. MISUSE OF THE KITCHENAID BRAND, FAILURE TO COMPLY WITH ANY OF THESE AGREEMENT TERMS MAY RESULT IN LOSS OR REDUCTION IN COMMISSIONS OR TERMINATION FROM THE PROGRAM.
Please read these Terms carefully. By submitting an application, you (or “Applicant”) agree to be bound by these Terms, the Terms of Use, and the decisions of KitchenAid Global LLC (“KitchenAid”) and its designees, which shall be final and binding in all respects relating to this Program. In the event of a dispute between these Application Terms and the Terms of Use, these Application Terms shall govern any matter directly related to this Program or materials submitted as part of this Program
WHO CAN PARTICIPATE:
Applicants must be legal residents of one of the fifty (50) United States or the District of Columbia and at least 18 years or older.
HOW TO SUBMIT AN APPLICATION:
Applications can be submitted on a rolling basis by visiting our KitchenAid Makers Club site (“Site”) and following the directions provided to complete and submit the application (“Application”). Limit one (1) Application per person per calendar year. All Applications become the property of KitchenAid. Answers provided as part of your Application must be your own original work, true, verifiable, and reflect your actual experiences and beliefs. KitchenAid has full discretion as to the number of applicants it selects and reserves the right to not select any KitchenAid Makers Club members through this Application process. All Applicant information provided in connection with the Application is subject to KitchenAid’s Privacy Notice.
TESTIMONIALS:
While Applicants are encouraged to provide testimonials on their use and experience with KitchenAid small appliances, and the sentiments and information provided in the testimonials will be taken into consideration when the Application is being reviewed, testimonials are not required. Any testimonials provided by an Applicant should be true and reflect the actual beliefs and experience of the Applicant providing the testimonial. The Application and any corresponding testimonials are collectively referred to herein as “Program Materials.”
USE OF MATERIALS CREATED/PROVIDED BY KITCHENAID:
Upon submitting an Application, using Applicant’s uploaded submission (“Applicant Content”), KitchenAid may create materials, including, but not limited to, i) an Instagram Story for Applicant to share on Applicant’s Instagram feed and/or ii) a page on the Site where Applicant’s followers can see featured content from the Applicant (collectively, “KitchenAid Materials”). All rights, title, and interest in the KitchenAid Materials (including KitchenAid’s name, logo, and any other trademarks, but excluding the Applicant Content) are owned by KitchenAid. KitchenAid is providing the Applicant with a limited license to use the KitchenAid Materials solely in connection with promoting the Applicant’s participation in this Program. The KitchenAid Materials should not be used for any other purpose without KitchenAid’s express written consent. KitchenAid reserves the right to disqualify any Applicant who violates this grant of rights.
Applicants agree and hereby warrant that they shall, as appropriate, disclose in all postings or uploads (including video posts/uploads) on internet or social media accounts owned or controlled by Applicant the fact that Applicant is posting for an opportunity to become a KitchenAid Makers Club member. Such disclosures must comply with any applicable instructions or directions provided by KitchenAid or any KitchenAid agency partner overseeing or otherwise supporting the Program. More specifically, for any content you share through the Makers Club or other influencer or affiliate arrangement, you must include a disclosure that complies with applicable law including, without limitation, Federal Trade Commission (FTC) Guidelines where (i) disclosures must be made as close as possible to the claims; (ii) disclosures must be made on each website, page, and social media containing a link or reference to KitchenAid; note, a separate page with your general disclosure statement is not an adequate disclosure; (iii) disclosures should be prominently placed above the fold; scrolling should not be necessary to find the disclosure; and (iv) posts on social communities must include an appropriate hashtag (e.g., #KitchenAidAffiliate, #PaidLink, or #AffiliateLink). FTC Guidelines, including hashtags and disclaimer requirements, are subject to change over time and it is your responsibility to review and comply with current guidelines as policies may change over time.
Please review the FTC's .com Disclosures Guidelines, Disclosures for Social Media Influencers Guidelines and Endorsement Guidelines at the links provided.
By clicking on the FTC links, you are entering a site hosted and operated by the FTC. Please review their Privacy Policy. All personal information you provide is subject to that Privacy Policy. Different terms and conditions may apply.
GRANT OF RIGHTS TO APPLICATION:
By submitting an Application, without limiting the generality of any of the foregoing, Applicants agree and hereby grant to KitchenAid and its affiliates, designees, successors, licensees, and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit, and otherwise use the Application (and agrees to waive all moral rights thereto), and all elements embodied therein, and the name, city and state of residence, voice, image and/or likeness of Applicant, in whole or in part, in any manner and in any and all media now known or hereafter devised (including on KitchenAid’s website and social media pages) throughout the universe for any purpose whatsoever, including, without limitation, for commercial purposes, without compensation or notification to, or permission from, entrant or any third party. Applicants agree to execute any documents deemed necessary by KitchenAid to grant the rights set forth herein.
APPLICANT SCREENING AND SELECTION PROCESS:
All Program Materials will be reviewed on a rolling basis by KitchenAid. Select Applicants may be contacted by email or telephone using the contact information provided as part of the Application and will be required to execute and return an Influencer Agreement within a time period specified by KitchenAid. If all required documents are not returned within the specified time period, or an Applicant cannot be contacted within a reasonable time period or is not in compliance with these Application Terms, such Applicant will be disqualified. KitchenAid Makers Club members who are selected, retained, and/or who execute an Influencer Agreement with KitchenAid as a result of this Program are solely considered independent contractors and will not, under any circumstances, be considered employees of KitchenAid, unless an employment relationship was already in place.
NO GUARANTEE OF SELECTION OR PARTNERSHIP:
Submission of an Application does not guarantee selection for the KitchenAid Makers Club, receipt of any product, payment, or compensation, invitation to events, or execution of a formal Influencer Agreement. Selection is within KitchenAid’s sole and absolute discretion. Applicant acknowledges and agrees that participating in the Application process creates no employment relationship, joint venture, partnership, agency, or binding contractual obligation on the part of KitchenAid to offer any sponsorship or promotion opportunities. If your application is rejected, you may reapply at any time.
Nothing in these Terms shall restrict KitchenAid from entering into similar agreements or partnerships with other individuals or entities, or from developing or marketing products or promotional campaigns that compete with or are similar to concepts submitted by Applicant.
KITCHENAID COMMUNICATIONS:
By submitting an Application, you agree to accept and receive communications from KitchenAid or KitchenAid’s third-party service providers, including via email and calls, to the mobile phone number you provided to KitchenAid in your Application. When you opt in to receive text messages in your Application, you authorize KitchenAid and KitchenAid’s third-party service providers to send you updates, alerts, promotions, specials, and other information about the KitchenAid Makers Club from KitchenAid via text messages or calls to the number you provided in your Application. Text messages or calls may be sent or made using an automatic telephone dialing system or other technology. Message frequency may vary. Message and data rates may apply. You may opt out of receiving text messages at any time by replying “STOP.”
CONTENT RESTRICTIONS AND CONDUCT STANDARDS:
Program Materials and any communications or content shared by Applicant in connection with this Program must not contain any content that: (i) is unlawful, libelous, defamatory, obscene, pornographic, sexually explicit, abusive, harassing, threatening, or hateful; (ii) infringes, misappropriates, or violates any third-party intellectual property, privacy, or publicity rights; (iii) promotes illegal activity, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; or (iv) contains software viruses, commercial solicitations, or chain letters.
Applicants agree to conduct themselves at all times with due regard to public conventions and morals. Applicant warrants that they shall not engage in any conduct, make any public statement, or publish any material that brings KitchenAid, Whirlpool Corporation, or their respective brands, products, officers, or employees into public disrepute, contempt, scandal, or ridicule, or that shocks or offends the community or reflects unfavorably upon KitchenAid’s brand reputation. KitchenAid reserves the right, in its sole and absolute discretion, to immediately disqualify any Applicant who violates these standards.
VERIFICATION OF INFORMATION AND AUDIT RIGHTS:
All information submitted as part of the Application—including, but not limited to, social media channel links, follower counts, audience demographics, engagement metrics, and disclosures regarding existing or prospective brand partnerships—is subject to verification by KitchenAid or its designated third-party agency partners. KitchenAid reserves the right, at any time during the Application process or selection review, to require Applicant to provide written proof or verification of any metric, claim, or statement made in the Application.
Any Applicant who provides false, inaccurate, misleading, or artificially inflated metrics (including the use of non-authentic followers, bots, or engagement groups) or fails to fully disclose requested competitor relationship information will be subject to immediate disqualification.
CONFIDENTIALITY:
In connection with the Application process, Applicant may receive or be exposed to non-public, proprietary, or sensitive information regarding KitchenAid, Whirlpool Corporation, the KitchenAid Makers Club, upcoming product lines, unreleased colors, or marketing strategies (“Confidential Information”). Applicant agrees to maintain all such Confidential Information in strict confidence and shall not disclose, publish, reproduce, or share any Confidential Information with any third party, including on any social media platform, website, or press outlet, without KitchenAid’s prior express written consent. This confidentiality obligation shall survive the conclusion of the Application process, regardless of whether Applicant is selected for the Program.
GENERAL CONDITIONS:
Void where prohibited by law. This Program is subject to all applicable federal, state, territorial, and local laws. By submitting an Application, Applicants agree to release, discharge, hold harmless, and indemnify KitchenAid, its parent, affiliates, subsidiaries, and advertising and promotion agencies, Meta Platforms (dba Instagram), ByteDance Ltd. (dba TikTok), and the respective officers, directors, shareholders, employees, agents, and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses, and damages of any kind (including, without limitation, arising from claims based upon copyright infringement, invasion of privacy, defamation, or right of publicity) to persons, including death, or property resulting, in whole or in part, directly or indirectly, from Applicant’s participation in the Program, Application Process, and/or the use of any Program Terms, in whole or in part, in any manner by KitchenAid in connection with the Program.
Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Applications. Instagram Stories, emails, or other communications of any kind; 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 Program or the Application process, including, without limitation, errors or difficulties which may occur in connection with the administration of the Application process or in any Application or Program-related materials. 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 website. Persons who tamper with or abuse any aspect of the Application process or website, who act in an unsportsmanlike or disruptive manner, or who are in violation of these Application Terms, as solely determined by KitchenAid, will be disqualified. KitchenAid 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 WEBSITE 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, KITCHENAID 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.
NEITHER KITCHENAID NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THESE TERMS OR YOUR PARTICIPATION IN THE MAKERS CLUB, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND YOU WAIVE ALL RIGHTS TO ANY CLAIMS FOR ANY SUCH DAMAGES.
By submitting a Makers Club application, you acknowledge and agree that you have independently evaluated the desirability of participating in the Program and are not relying on any representation, guarantee, or statement other than as set forth in these Terms and/or any signed agreements that may follow.
KitchenAid may modify these Terms at any time and for any reason or no reason in its sole discretion by posting updated terms and conditions to its website. Your continued participation either as a member of the Club and/or agreement to new signed contracts (e.g. an Influencer Agreement) will constitute acceptance of the change(s).
GOVERNING LAW AND VENUE:
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Application Terms, or the rights and obligations of Applicant and KitchenAid in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules.
EXCLUSIVE JURISDICTION AND CONVENIENT FORUM:
Applicant and KitchenAid irrevocably agree that the state and federal courts located in the State of Michigan shall have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or in connection with the Program or these Application Terms. Each party irrevocably submits to the exclusive jurisdiction of such courts, consents to personal jurisdiction therein, and waives any objection which it may now or hereafter have to the laying of venue or to the convenience of the forum (including any claim of forum non conveniens).
CLASS ACTION WAIVER: EXCEPT WHERE PROHIBITED BY LAW, APPLICANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS PROGRAM OR ANY APPLICATION SUBMITTED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION. APPLICANT EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If you have any questions regarding these Terms, you may email gcg_makersclub@whirlpool.com.