Version v4-2026-08-06 · Sunward Electronics, Inc. d/b/a Dog Guard®, 20 Gurley Ave, Suite B1, Troy, NY 12182
These Terms and Conditions ("Terms") constitute a binding legal agreement between you ("you" or "Participant") and Sunward Electronics, Inc. d/b/a Dog Guard®, a New York corporation with its principal place of business at 20 Gurley Ave, Suite B1, Troy, NY 12182 ("Sunward," "we," "us," or "our"). These Terms and Conditions govern your submission of a testimonial, including any video you record directly within, or upload to, the Dog Guard® customer testimonial tool (the "Tool"), together with any accompanying name, statements, images, or likeness (collectively, the "Content").
1. Eligibility
1.1 You must be at least 18 years old, or the age of majority in your state or territory of residence, to submit Content through the Tool.
1.2 If you are the parent or legal guardian of a minor who appears in the Content, a separate parental/guardian consent process, provided by Sunward, must be completed before the minor's Content, name, image, or likeness may be used. General consent given under these Terms by an adult participant does not, by itself, authorize the use of any other identifiable person's likeness, including a minor's, appearing in the same Content.
1.3 By submitting Content, you represent that you are legally competent to enter into this agreement and, where applicable, that you have obtained the consent described in Section 1.2 for any other identifiable individual appearing in the Content.
2. What You Are Submitting
"Content" means the testimonial you record and/or upload through the Tool, including a video, together with your name, voice, image, photograph, likeness, statements, opinions, and any other personally identifiable material contained in, accompanying or submitted with your testimonial.
3. Grant of License in the Content
3.1 License Grant. You hereby irrevocably grant to Sunward, and to Sunward's authorized dealers, distributors, and licensees (collectively, "Authorized Parties"), a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, copy, distribute, publicly display, publicly perform, transmit, broadcast, edit, modify, adapt, translate, create derivative works from, and otherwise exploit the Content, in whole or in part, in any and all media now known or later developed, for advertising, marketing, promotional, and commercial purposes in any other distribution media related to Sunward's products and services.
3.2 Editing. You acknowledge that Sunward and Authorized Parties may edit, crop, caption, add graphics or music to, excerpt, or otherwise modify the Content, and that the edited version may be used under the same license granted in Section 3.1. Sunward has no obligation to show you the edited version before use.
3.3 No Obligation to Use. Sunward is under no obligation to use, publish, or continue using the Content, and may remove it from active use at any time in Sunward's sole discretion. Removal from active advertising does not terminate the license granted above, including as to copies already distributed, archived, or in the possession of third parties prior to removal.
4. Consent to Use of Name, Image, and Likeness
4.1 NIL Release. You hereby give Sunward and Authorized Parties perpetual, irrevocable, worldwide, royalty-free permission to use your name, image, photograph, voice, likeness, and biographical information (collectively, "NIL"), as they appear in or accompany the Content, in advertising, marketing, and promotional materials in any medium, including print, broadcast, digital, social media, and out-of-home advertising.
4.2 No Endorsement Implication Beyond Testimonial. Except as reasonably conveyed by the Content itself, Sunward will not use your NIL to state or imply that you endorse any product or service you have not actually used or tried, consistent with FTC guidance on testimonials and endorsements.
4.3 No Defamatory or False Use. Sunward will not use your NIL in a manner that is defamatory or that falsely represents statements or endorsements you did not make, provided that customary editing for length, clarity, or format under Section 3.2 is not a violation of this Section.
5. No Compensation
You acknowledge that your participation is voluntary and that you will not receive any payment, royalty, fee, or other compensation for the license and permissions granted in Sections 3 and 4, now or in the future, regardless of how widely or how long the Content or your NIL is used.
6. Your Representations and Warranties
You represent and warrant that:
(a) the Content is your own original work, or you otherwise have the full right to grant the licenses in Section 3;
(b) the Content does not infringe, misappropriate, or violate any third party's intellectual property rights, right of publicity, right of privacy, or other legal right;
(c) other than yourself, no other identifiable individual appears in the Content without that individual's (or, for a minor, that minor's parent or guardian's) separate written consent, obtained through Sunward's applicable consent process;
(d) the statements you make in the Content are true, are your genuine opinions, and, if you received any product, discount, or other consideration from Sunward in connection with the testimonial, that fact has been disclosed as prompted by the Tool; and
(e) you are not, to your knowledge, prohibited by any other agreement from granting the rights described in these Terms.
7. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Sunward and its Authorized Parties, and their respective officers, directors, employees, and agents, from and against any third-party claims, damages, losses, and reasonable expenses (including reasonable attorneys' fees) arising out of or relating to a breach of your representations and warranties in Section 6.
8. Release
To the fullest extent permitted by applicable law, you release Sunward and its Authorized Parties from any claims, damages, or liability arising out of the use of the Content or your NIL as permitted under these Terms, including any claims for defamation, invasion of privacy, infringement of right of publicity, or similar claims, except to the extent such claims arise from Sunward's use of the Content or NIL in material violation of Sections 3 or 4.
9. State-Specific Notices
Certain states have specific statutory requirements regarding the commercial use of a person's name, image, likeness, or voice, including but not limited to California, New York, Tennessee, Washington, Indiana, and others. By clicking "I Agree," you acknowledge that this document is intended to serve, and does serve, as your written and unambiguous consent to Sunward's use of your NIL for the purposes described above, as required under applicable state right-of-publicity and right-of-privacy statutes. If any state-specific statute imposes additional requirements Sunward has not met as to a particular Participant, this Section 9 does not itself supply that requirement, and Sunward will address any such gap through supplemental process rather than relying on this general notice alone.
10. Withdrawal of Consent
You may request that Sunward stop using your Content and NIL in future advertising by contacting legal@dogguard.com. Sunward will use commercially reasonable efforts to cease placing new advertising containing your Content or NIL within 60 days of receiving a verified request. A withdrawal request does not require Sunward to recall materials already distributed, printed, aired, or licensed to Authorized Parties prior to the request, and does not affect the validity of uses that occurred before withdrawal.
11. No Obligation; No Employment or Agency Relationship
Your submission of Content does not create any employment, agency, partnership, or joint venture relationship between you and Sunward. Sunward is not obligated to enter into any further business relationship with you as a result of your submission.
12. Governing Law and Venue
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws principles, except that, where a Participant's state of residence has a right-of-publicity, right-of-privacy, or consumer-protection statute that mandates application of that state's law to matters of NIL consent for its residents, that state's law will govern solely as to that specific issue. Any dispute arising out of these Terms will be brought exclusively in the state or federal courts located in Albany County, New York, and you consent to personal jurisdiction in those courts.
13. Severability
If any provision of these Terms is found unenforceable under the law of a particular jurisdiction, that provision will be limited or eliminated to the minimum extent necessary in that jurisdiction, and the remaining provisions will remain in full force and effect.
14. Entire Agreement; Amendment
These Terms constitute the entire agreement between you and Sunward regarding your submission of Content and supersede any prior understandings on the subject. Sunward may update these Terms from time to time; the version in effect at the time you click "I Agree" governs your submission.
15. Acknowledgment
BY CLICKING THE "I AGREE" CHECKBOX, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, THAT YOU ARE GRANTING SUNWARD AND ITS AUTHORIZED DEALERS, DISTRIBUTORS AND LICENSEES A PERPETUAL, ROYALTY-FREE LICENSE TO USE YOUR TESTIMONIAL CONTENT AND YOUR NAME, IMAGE, AND LIKENESS FOR ADVERTISING PURPOSES WITHOUT COMPENSATION, AND THAT YOU ARE DOING SO VOLUNTARILY.