BirdFly Media Creator Participation Policy

Effective date: October 5, 2026

BirdFly Media, LLC, together with its subsidiaries, affiliates, and related platforms, including any platform operated through BirdFly Media’s Private Concierge Service, invites eligible creators, designers, artists, brands, and other applicants to submit original designs, products, collections, and platform concepts for consideration.

This policy explains the general terms that may apply to participation. Additional terms may apply to a particular platform, product category, collection, or Private Concierge Service engagement. If additional written terms conflict with this policy, the additional terms will control for that specific project.

By submitting an application or materials, you acknowledge and agree to this policy.

1. Program opportunities

Approved participants may be invited to:

• Submit individual designs or products for sale on a BirdFly Media platform or related platform;

• Create and offer collections for sale;

• Collaborate with BirdFly Media or one of its subsidiaries on product development, marketing, or merchandising;

• Participate in the development of a creator-owned or creator-branded platform;

• Receive operational, technical, marketing, fulfillment, customer-service, or business-management support through BirdFly Media’s Private Concierge Service; or

• Enter into a separate agreement governing a specific collection, product, platform, or service.

Submitting an application does not guarantee approval, publication, sales, compensation, platform development, or continued participation.

BirdFly Media may approve or reject an application, design, product, collection, or platform concept in its discretion. Approval may be subject to additional review, testing, legal requirements, production requirements, brand standards, and platform capacity.

2. Applicant eligibility and information

Applicants must provide accurate, current, and complete information. Depending on the nature and scale of participation, BirdFly Media may request:

• Legal name and contact information;

• Business name and business address;

• Tax identification information and tax forms;

• Payment and banking information;

• Seller, manufacturer, supplier, or fulfillment information;

• Government-issued identification or other verification documents;

• Information needed to confirm ownership or authorization to use submitted materials; and

• Information required by applicable law or by a payment processor, marketplace, carrier, or service provider.

Applicants are responsible for promptly updating information that becomes inaccurate or incomplete.

If you apply on behalf of a business, organization, brand, or another person, you represent that you are authorized to submit the application and bind that entity to the applicable terms.

3. Submission requirements

Submitted materials may include designs, artwork, photographs, logos, product descriptions, written content, names, slogans, product specifications, brand assets, collection concepts, business plans, platform concepts, and other materials.

You must not submit materials that:

• Infringe or misappropriate another person’s intellectual-property, privacy, publicity, or other rights;

• Contain unlawful, deceptive, defamatory, fraudulent, hateful, threatening, or obscene content;

• Include counterfeit, stolen, unsafe, recalled, or unlawfully sourced products;

• Use another person’s name, image, likeness, trademark, artwork, or content without appropriate permission;

• Include personal information that you are not authorized to provide; or

• Violate the rules of a platform, payment processor, advertising network, marketplace, carrier, or other service provider.

BirdFly Media may request documentation establishing ownership, originality, authenticity, product safety, licensing rights, or supply-chain authorization before approving or continuing a submission.

4. Ownership of your materials

Except for the rights expressly granted below or in a separate written agreement, you retain ownership of the intellectual property that you lawfully own in your submitted materials.

You represent and warrant that:

1. You own the submitted materials or have all rights and permissions necessary to submit and use them;

2. The materials are original or properly licensed;

3. The materials do not infringe or violate any third-party rights;

4. You have obtained all required releases, permissions, and consents; and

5. The materials and proposed products comply with applicable laws and regulations.

You are responsible for identifying any third-party materials, restrictions, licenses, attribution requirements, or usage limitations that apply to your submission.

5. License to BirdFly Media

By submitting materials for consideration, you grant BirdFly Media, its subsidiaries, affiliates, contractors, service providers, and related platforms a nonexclusive, worldwide, royalty-free license during the applicable participation period to:

• Review, reproduce, store, format, adapt, edit, resize, translate, and technically modify the materials;

• Display and distribute the materials on websites, applications, online stores, social-media channels, catalogs, advertisements, email communications, and other marketing channels;

• Use the materials to manufacture, reproduce, market, advertise, sell, fulfill, and support approved products or collections;

• Create product listings, mockups, previews, advertisements, packaging, and promotional materials;

• Use your approved business name, creator name, biography, approved photograph, logo, and other brand identifiers in connection with the approved submission; and

• Operate, maintain, improve, and promote an approved platform, collection, or Private Concierge Service engagement.

The license is limited to the purposes described in this policy and any applicable project agreement. It does not transfer ownership of your intellectual property to BirdFly Media.

Unless a separate written agreement states otherwise, BirdFly Media will not be required to use, publish, manufacture, sell, or continue selling any submitted material.

6. Editing and creative control

BirdFly Media may make reasonable changes needed for production, formatting, accessibility, legal compliance, brand consistency, advertising, platform functionality, translation, or customer communication.

BirdFly Media may also determine or modify, in its discretion:

• Whether a submission is accepted;

• Product categories and available markets;

• Product formats, materials, colors, sizes, and specifications;

• Product titles, descriptions, tags, images, and presentation;

• Retail prices, discounts, promotions, and minimum advertised prices;

• Manufacturing, fulfillment, shipping, and return methods;

• Where and when a product or collection is offered; and

• Whether a product, listing, collection, or platform is suspended, edited, limited, or removed.

Material creative changes may be subject to your approval if required by a separate written agreement.

7. Sales, compensation, and expenses

Compensation will be determined by the applicable participation agreement, product schedule, or platform terms.

Unless otherwise stated in writing, the applicable terms will identify:

• The retail price or pricing method;

• The creator royalty, commission, wholesale amount, revenue share, or other compensation;

• Deductions for production, fulfillment, shipping, payment processing, taxes, refunds, discounts, chargebacks, fraud losses, and other approved costs;

• The currency and payment method;

• The payment schedule;

• Minimum payment thresholds;

• Treatment of returned, canceled, fraudulent, or disputed orders; and

• Responsibility for taxes and required tax reporting.

No compensation is owed for an application or submission that is not approved, published, manufactured, or sold, unless a separate written agreement provides otherwise.

You are responsible for your own income taxes, business expenses, insurance, licenses, permits, and other obligations arising from your participation.

8. Product responsibility and compliance

You are responsible for the accuracy and legality of information you provide about your products, designs, materials, claims, certifications, and supply chain.

You must promptly notify BirdFly Media about any actual or suspected:

• Product defect;

• Safety issue;

• Recall;

• Regulatory inquiry;

• Intellectual-property claim;

• Misrepresentation;

• Unauthorized use of materials; or

• Other circumstance that could affect a product or collection.

BirdFly Media may suspend sales, remove listings, withhold affected payments, require corrective action, or terminate participation when it reasonably believes that a product, submission, or participant may create legal, safety, reputational, operational, or customer-service risk.

9. Fulfillment, shipping, returns, and customer service

The applicable project terms will specify whether BirdFly Media, you, or another service provider is responsible for manufacturing, inventory, packaging, shipping, returns, refunds, exchanges, warranties, and customer support.

You agree to provide requested information and reasonable cooperation concerning customer inquiries, product issues, returns, refunds, complaints, investigations, and disputes.

If you are responsible for fulfillment or customer support, you must meet the service levels and policies communicated by BirdFly Media or the applicable platform.

10. Private Concierge Service and creator-owned platforms

BirdFly Media’s Private Concierge Service may provide some combination of strategy, design, technology, branding, merchandising, marketing, operations, fulfillment coordination, customer service, analytics, and platform management.

The scope of services, fees, expenses, ownership of custom work, access credentials, revenue sharing, responsibilities, service levels, and termination rights will be stated in a separate service agreement.

Unless otherwise agreed in writing:

• BirdFly Media does not guarantee a particular level of sales, traffic, revenue, audience growth, or profitability;

• The platform owner remains responsible for business decisions and legal compliance specific to its business;

• Third-party software, payment processors, hosting providers, marketplaces, and other vendors may impose additional terms;

• BirdFly Media may suspend or limit services when necessary to address security, legal, payment, operational, or safety concerns; and

• Platform launch, continued operation, and feature availability depend on technical, commercial, and regulatory considerations.

11. Promotion and publicity

You authorize BirdFly Media and its related entities to identify you as an approved participant and to use your approved name, business name, logo, biography, photograph, likeness, and submitted materials to promote the applicable products, collections, platform, or program.

This authorization does not require BirdFly Media to use any particular material or provide advance approval of every marketing placement, unless a separate written agreement says otherwise.

You may not imply that BirdFly Media endorses unrelated products, statements, causes, or services without prior written permission.

12. Confidentiality and unsolicited ideas

You may receive confidential information concerning BirdFly Media, its subsidiaries, clients, customers, vendors, technology, finances, marketing plans, or business operations. You agree not to disclose or use confidential information except as necessary to perform approved services or as authorized in writing.

You should not submit confidential information that BirdFly Media has not specifically requested through a secure process. Ideas, suggestions, or feedback that you voluntarily provide may be used by BirdFly Media without compensation or restriction, except to the extent prohibited by applicable law or covered by a separate written agreement.

13. Suspension and termination

BirdFly Media may suspend or terminate participation, a listing, a collection, a platform service, or an account if:

• You violate this policy or another applicable agreement;

• You provide inaccurate or incomplete information;

• You fail to provide requested verification or documentation;

• Your materials may infringe third-party rights;

• A product presents legal, safety, fraud, or reputational risk;

• You fail to meet agreed performance, payment, fulfillment, or service obligations;

• A platform, payment processor, vendor, or service provider restricts participation; or

• BirdFly Media discontinues or changes the applicable program.

You may request termination by contacting THF@BirdFlyMedia.com and following any notice requirements in the applicable agreement.

After termination, BirdFly Media may complete orders already accepted, process returns and refunds, retain records required by law, and continue using archival or transactional materials as reasonably necessary. The treatment of remaining inventory, unpublished materials, active listings, commissions, and platform content will be governed by the applicable agreement.

14. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless BirdFly Media, its subsidiaries, affiliates, officers, employees, contractors, agents, and service providers from claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your breach of this policy or another applicable agreement;

• Your materials, products, or submissions;

• Your violation of law or third-party rights;

• Your negligence, fraud, or willful misconduct; or

• Your failure to obtain required permissions, licenses, releases, certifications, or approvals.

15. No guarantee of acceptance or sales

Participation is not an employment relationship, partnership, joint venture, franchise, agency relationship, or guarantee of revenue unless a separate written agreement expressly states otherwise.

Except as expressly provided in a written agreement, BirdFly Media makes no guarantee concerning acceptance, publication, product availability, traffic, sales, revenue, profitability, audience size, platform uptime, or continued participation.

16. Privacy and seller information

Information collected through the application and participation process will be handled in accordance with BirdFly Media's Privacy Policy.

BirdFly Media may disclose information to subsidiaries, affiliates, contractors, payment processors, fulfillment providers, professional advisers, government authorities, and other service providers when reasonably necessary to administer the program, process payments, verify sellers, comply with law, prevent fraud, resolve disputes, or operate a platform.

Certain seller information may be required to be collected, verified, retained, or disclosed under applicable law. Applicants should not submit unnecessary sensitive personal information through an unsecured form.

17. Changes to this policy

BirdFly Media may update this policy from time to time. The updated version will be posted with a revised effective date. Changes will apply prospectively unless applicable law or a separate written agreement requires otherwise.

Material project-specific terms will be provided before you are required to accept them.

18. Governing terms

This policy is subject to the laws of North Carolina/USA, without regard to conflict-of-law principles. Any dispute will be handled in the courts located in Mecklenburg/North Carolina/USA, unless the applicable project agreement requires arbitration or another dispute-resolution process.

If any provision is found unenforceable, the remaining provisions will remain in effect.

19. Applicant acknowledgment

By submitting this application, I confirm that:

• The information I provided is accurate and complete;

• I have authority to submit the application and materials;

• I own or have permission to use the submitted materials;

• My submission does not knowingly violate another party’s rights;

• I have read and agree to ALL BirdFly Media Policies; and

• I understand that submitting an application does not guarantee acceptance, publication, sales, compensation, or platform development.

Tell us about you, your work, and what you’d love to share. Our goal is to discover and showcase diverse creatives, connect creators with new audiences, and build a collective where great ideas can take flight.