SPONSORSHIP TERMS & CONDITIONS

Burk Companies, LLC d/b/a SuedeMade
(“SuedeMade,” “we,” “us,” or “our”)
These Sponsorship Terms & Conditions (“Terms”) govern all paid product-placement opportunities (“Sponsorships”) purchased from SuedeMade. By submitting an application, checking the agreement box, paying an invoice, or otherwise participating, you (“Client,” “Brand,” or “you”) agree to be bound by these Terms.
1. Nature of the Service
A Sponsorship is a paid inclusion of Client’s product within a short-form video created and posted by SuedeMade on one or more social media platforms. A Sponsorship is a creative service, not a physical product sale, and begins immediately upon payment. SuedeMade will use best efforts to present the product positively and honestly within SuedeMade’s mystery-box, partly improvised format. All creative judgment, including tone, presentation, and platform selection, belongs exclusively to SuedeMade.
2. Payment, Finality, and No Chargebacks
All payments are final and non-refundable except where SuedeMade, in its sole discretion, chooses to issue a refund. Client agrees not to dispute, reverse, or charge back any payment. Any chargeback attempt constitutes a breach of these Terms, and SuedeMade may seek recovery of the disputed amount and all associated fees. The parties must follow the dispute-resolution procedures outlined in Section 16; Client may not circumvent those procedures by initiating a chargeback.
3. Product Sample Requirements
Following payment, Client must ship the sponsored product(s) to the address provided by SuedeMade within fourteen (14) days unless SuedeMade agrees otherwise in writing. If Client fails to ship the product within this period, SuedeMade is under no obligation to issue a refund and may fulfill, postpone, or decline the Sponsorship at its sole discretion.
4. Product Handling; Damage; Replacement
If the product arrives damaged through no fault of Client, SuedeMade will make reasonable efforts to notify Client and request a replacement product. If Client does not respond promptly or does not send a replacement, SuedeMade is not obligated to refund the payment, return the damaged product, or complete the Sponsorship. SuedeMade does not return sample products unless otherwise agreed in writing.
5. Creative Control
SuedeMade retains full and exclusive creative control over all aspects of the Sponsorship, including presentation, script, improvisation, commentary, tone, pacing, filming, editing, and platform selection. Client has no approval or editing rights. SuedeMade may select which variations, scents, flavors, colors, or SKUs to feature.
6. Posting Timeline
Upon receiving the product, SuedeMade will make reasonable efforts to publish the Sponsorship within approximately two (2) months. This timeframe is guidance only and not a binding guarantee. Production schedules may vary based on filming, editing, internal content queues, platform conditions, or Force Majeure events (Section 17).
7. No Guaranteed Performance
SuedeMade does not guarantee any minimum or specific performance, including but not limited to views, impressions, clicks, engagement, conversions, sales, audience reach, platform distribution, or algorithmic outcomes.
8. License to Use Client Assets
Client grants SuedeMade a perpetual, worldwide, royalty-free, sublicensable, transferable, irrevocable license to use Client’s product names, brand names, logos, trademarks, taglines, product images, packaging, and any other materials or assets supplied by Client (collectively, “Client Materials”) for the purposes of creating, publishing, promoting, archiving, repurposing, and redistributing the Sponsorship or any derivative thereof. This license applies to current and future platforms and includes use in teasers, trailers, compilations, highlight reels, edits, and other promotional or derivative works.
9. Ownership; Reuse and Editing Rights
SuedeMade retains exclusive ownership of all content created under these Terms. SuedeMade may repost, re-edit, clip, repurpose, remix, archive, remove, or redistribute the content at any time and on any platform. SuedeMade may remove sponsored content after twelve (12) months at its discretion.
10. Client’s Right to Repost
Client may repost the final published Sponsorship only if Client clearly credits the original poster’s account on the platform where the repost occurs. Client may not edit, alter, crop, modify, or repurpose the content without SuedeMade’s prior written permission.
11. Misrepresentation and Eligibility
SuedeMade may decline, cancel, or terminate a Sponsorship without obligation to refund if Client:
(a) misrepresents its identity, ownership, authorization, affiliation, or rights;
(b) submits an application for one product but sends a materially different product;
(c) provides unsafe, illegal, infringing, or deceptive goods;
(d) lacks rights to the product or its intellectual property; or
(e) violates applicable laws or platform policies.
SuedeMade will act reasonably and in good faith but retains full discretion.
12. Return of Products
SuedeMade does not return sample products unless expressly agreed in writing. If Client wishes to have products returned, Client must request this in advance and cover all shipping and handling costs. SuedeMade assumes no responsibility for storage, packaging, tracking, or logistics.
13. Exclusivity
These Terms do not grant Client any exclusivity. SuedeMade may feature competing or similar products at any time.
14. Platform Behavior and Removal
SuedeMade is not responsible for any platform actions, including removal, suppression, reduced distribution, shadowbanning, algorithm changes, outages, or technical malfunctions. Such issues do not entitle Client to a refund.
15. Indemnification
Client shall indemnify, defend, and hold harmless SuedeMade, its owners, members, employees, contractors, and affiliates from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) Client’s product;
(b) any harm, injury, or damage caused by the product;
(c) any false, misleading, unsubstantiated, or illegal claims related to the product;
(d) infringement of any intellectual property right or other proprietary right;
(e) violation of any privacy, publicity, or consumer-protection law;
(f) violation of any applicable law or platform rule; or
(g) any misrepresentation or omission by Client.
This indemnification obligation is intended to be as broad as permitted by law.
16. Dispute Resolution; Arbitration
These Terms shall be governed by the laws of the State of Texas without regard to conflict-of-law principles.
All disputes must first be attempted in good-faith mediation. If unresolved, the dispute shall be resolved exclusively by binding arbitration in Dallas County, Texas. Either party may elect to bring qualifying claims in Texas small-claims court instead of arbitration. Class actions and collective proceedings are waived.
17. Force Majeure
SuedeMade shall not be liable for delays or failure to perform due to events beyond its reasonable control, including illness, injury, equipment failure, supply issues, platform outages, emergencies, natural events, strikes, or any unforeseen event not caused by SuedeMade. SuedeMade will make reasonable efforts to work with Client to fulfill the Sponsorship or, at its discretion, issue a refund. This is not a binding commitment or guarantee.
18. Entire Agreement
These Terms constitute the entire agreement between the parties regarding Sponsorships and supersede all prior discussions, understandings, and communications.
By paying for a Sponsorship, Client acknowledges that they have read, understood, and agree to these Terms. Client’s acceptance of these Terms is confirmed by checking the agreement box during application and again upon payment.