These Terms and Conditions (Terms) govern your participation in the Jet Tech Creator Program (the Program). They form a binding agreement between you (the Creator, you, your) and Jet Tech Products Pty Ltd (ABN 39 613 656 330) (Jet Tech, we, us, our). By ticking the acceptance box and submitting your application, you confirm you have read, understood and agree to these Terms. If you do not agree, do not apply and do not participate.
1. Definitions
1.1 In these Terms:
- Content means all photographs, videos, audio, spare footage, raw footage, captions, text and other material you create, submit, upload or post in connection with the Program.
- Deliverable means a finished, edited video you submit to us under clause 5.
- Gear means the product package we supply to you for the purpose of creating Content.
- Affiliate Link means the unique tracking link we issue to you. It includes any unique discount code we issue to you for sharing with your audience.
- Gear Code means the single use checkout code we issue you to order your Gear package. It is separate from your Affiliate Link and earns no commission.
- Net Sales means the sales value of orders attributed to your Affiliate Link, less shipping, GST and any other taxes and duties, discounts, credits, refunds, returns, cancelled orders, chargebacks and orders we reasonably determine to be fraudulent or in breach of these Terms.
- Attribution Window means the period of 7 days from a customer's last click on your Affiliate Link within which a resulting order is credited to you, on a last click basis.
- Partnership Ads means paid advertising we run through, or in the name of, your social media account, including Meta Partnership Ads and any equivalent whitelisting or spark-style ad format.
- Brief means the creative and safety instructions we give you for a piece of Content or a campaign.
- Limited Release Gear means the higher value products we make available only to selected creators under clause 4.6.
- PWC means a personal watercraft, being a jet ski or equivalent vessel.
- Roster means the invitation-only tier of paid briefs described in clause 8.
2. Eligibility and application
2.1 You must be at least 18 years old, and resident in Australia, New Zealand, the United States or Canada, to participate.
2.2 You must own, or have lawful and regular access to, a PWC that you are entitled to operate. You must hold every licence, permit and registration required to operate that PWC where you ride it.
2.3 Participation is by approval only. Applying does not guarantee acceptance, and we may accept or decline any applicant at our discretion. Gear is only ever sent to approved creators. Applying does not entitle you to any Gear.
2.4 You must give accurate and complete information in your application and keep it current, including your name, contact details, social handles, the PWC you ride, and the mandatory category and market fields.
2.5 You must own or lawfully control the social accounts you nominate, and you must comply with the terms of each platform you use, as well as all applicable laws.
3. How the Program works
3.1 The Program brings riders together to make Content for Jet Tech. Creators may be engaged as customers, UGC creators, influencers or semi professional creators, ambassadors or athletes, or contract creators. Your category and any deal specific terms are recorded when you are approved.
3.2 We provide a Brief built from what is performing. You create Content in line with the Brief and submit it for review.
3.3 Your first Deliverable must be posted. You must post your first approved Deliverable to at least one social media account you nominated in your application, and keep it publicly visible for at least 30 days. You must not post it before we have approved it under clause 5.4.
3.4 Posting after that is optional. Beyond your first Deliverable you are not required to post Content on your own channels, and we want the Content whether or not you post it. Where a Brief requires you to post, that requirement forms part of these Terms for that Content.
3.5 We may change, pause or close the Program, or any tier or phase of it, at any time.
4. The Gear package and the deliver, return or pay rule
4.1 We may supply Gear to you solely to create Content under the Program. You must use the Gear in line with the product instructions, the fitting instructions and any Brief, and you must not resell, gift or dispose of it while this clause 4 applies.
4.2 Ordering your Gear. We issue you a Gear Code to place your order. The Gear Code is valid for 7 days from the date we send it and is automatically disabled after that. It is single use, is not transferable, and cannot be applied to any product other than the Gear we have approved for you.
4.3 First Deliverable within 30 days. You have 30 days from the date the Gear is delivered to you, or another date we agree with you in writing, to submit your first Deliverable meeting the Brief. We make this period, and your obligations under clause 4.4, clear to you before you accept the Gear.
4.4 Deliver, return or pay. If you do not submit a Deliverable that we approve within the period in clause 4.3, we may, at our option, require you to either (a) return the Gear to us in its original and unused condition at your cost, or (b) pay us the recommended retail price of the Gear. This recourse also applies if you leave the Program, materially breach these Terms, or become uncontactable, before delivering an approved Deliverable. Once you have submitted a Deliverable that we approve, the Gear is yours to keep.
4.5 Risk in the Gear passes to you on delivery. You are responsible for its safe storage, correct fitting and safe use. You must satisfy yourself that the Gear is correctly fitted to your PWC before you ride with it.
4.6 Limited Release Gear. Some products are made available only to selected creators, at our discretion, and generally only where your Content has already performed for us or where you bring a substantial audience. Requesting Limited Release Gear on your application does not entitle you to receive it, and we may substitute a different product at any time.
4.7 Gear is supplied for the purposes of the Program and is not a sale. Nothing in this clause limits any consumer guarantee that applies to the Gear under the Australian Consumer Law or any equivalent law that cannot be excluded.
5. Deliverables and submission
5.1 What a Deliverable is. A Deliverable is a finished, fully edited video, ready for us to publish as supplied, unless a Brief states otherwise. It must feature your PWC and the Gear. Length, format and specification are set in the Brief. Raw or unedited footage on its own is not a Deliverable.
5.2 How to submit. You must submit Deliverables through the submission form at [SUBMISSION FORM URL], uploading the original export file from your device. You must not send Content by messaging apps or email, which recompress video and reduce quality.
5.3 Spare footage. You may also submit spare and raw footage alongside a Deliverable. Submitting spare footage does not on its own satisfy clause 4.3 and does not on its own entitle you to any payment.
5.4 Pre-screen and approval. All Content is reviewed and pre-screened by us before it is used or published, including before you post it under clause 3.3. We decide, at our discretion, whether Content is approved, needs edits, or is rejected. Submission does not create any obligation on us to use or pay for Content.
5.5 There is no limit on how many Deliverables you may submit, unless a Brief says otherwise.
5.6 Confirmations on submission. Each time you submit Content you confirm the warranties in clause 7.8 for that Content, including the confirmation about people under 18 in clause 7.8(c). Your submission is your record of those confirmations and no separate form is required. Where Content features a person under 18 and we intend to use it in paid advertising, we may ask you for written evidence of the parent or guardian's permission before we run it, and we may decline to use the Content if you cannot provide it.
6. Compliance, claims and disclosure
6.1 Locked claims. You must follow the Brief and use only the product claims we approve. You must not make any performance, safety, health, environmental, durability or comparative claim that we have not approved in writing.
6.2 No performance or modification claims. Jet Tech makes adventure accessories, not performance parts. You must not state or imply that any Jet Tech product increases the speed, power, acceleration, handling or engine performance of a PWC. You must not depict or describe modification of a PWC's engine, jet unit, intake or exhaust in Content.
6.3 No endorsement claims. You must not state or imply that any Jet Tech product is approved, certified, endorsed, tested or used by any life saving association, coast guard, water police, marine rescue service, government body or standards authority, unless we give you that wording in writing in a Brief.
6.4 Other brands. Your PWC will carry a manufacturer's branding and it may appear in Content. You may factually identify the make and model of your own PWC. You must not use another brand's logos, characters, campaign assets or marketing material, present another brand as endorsing Jet Tech, or make any comparative claim about another brand's products.
6.5 You must not disparage any person or business.
6.6 Disclosure. Where Content is a paid or incentivised endorsement, you must include the disclosures required by the laws and platform rules that apply to you and your audience. This includes, in your market: Australia (ACCC and AANA), New Zealand (Commerce Commission and ASA), the United States (FTC endorsement guides), and Canada (Competition Bureau and Ad Standards). Use clear labels such as "paid partnership" or "#ad" as required. Receiving free Gear is an incentive and must be disclosed.
6.7 We carry responsibility for regulated product claims and may reject, edit or take down Content to meet legal, safety or platform requirements.
7. Content and intellectual property rights
7.1 Licence grant. When you submit Content to us, you grant Jet Tech and our related bodies corporate a worldwide, perpetual, irrevocable, exclusive, royalty free, fully paid, transferable and sublicensable licence to use, host, store, reproduce, edit, crop, re-cut, adapt, dub, caption, translate, modify, combine with other material, create derivative works from, publish, distribute, broadcast, publicly display and publicly perform the Content, in whole or in part, in all media and formats now known or later developed, for any purpose (including advertising, marketing, promotion, and commercial and internal use), on any channel or platform (including Meta, Instagram, TikTok, YouTube, our websites, Amazon, email, retail, events and paid advertising), without any further approval, notice, credit or payment beyond what these Terms expressly provide. This licence takes effect on submission and applies to every piece of Content you submit.
7.2 Your right to post your own Content. Despite the exclusivity in clause 7.1, we grant you a limited, personal, non-transferable, non-sublicensable licence to post and keep posted Content you created on your own social media accounts, organically and without paid promotion. This licence is required for the purposes of clause 3.3, may not be used to promote any product other than Jet Tech, and we may revoke it on notice if Content becomes non-compliant.
7.3 Assignment of paid deliverables. To the maximum extent permitted by law, you assign to us all intellectual property rights in any Content that we commission and pay you for as a deliverable, with that assignment taking effect on creation of the Content. The exclusive licence in clause 7.1 applies to all other Content.
7.4 No cap and no payment condition. The rights in this clause 7 are not limited by time, territory, volume, media, placement or advertising spend, and the licence in clause 7.1 is not conditional on any payment to you. You may never be paid for a piece of Content, and the licence still applies in full. These rights survive the end of your participation and the termination or expiry of these Terms.
7.5 Whitelisting and Partnership Ads. You authorise us to run Partnership Ads through, and in the name of, your social media accounts, and you agree to grant and keep active the access, permissions, business-manager links or advertising codes we need to do so. You will not revoke that access while related ads are live, and you will give us reasonable prior notice before withdrawing it.
7.6 Name, image, likeness and voice. You irrevocably consent to us using your name, image, likeness, voice, handle and any performance or personal attributes captured in the Content for the purposes in this clause 7. This is a full release of any claim arising from use of your identity, including any right of publicity or similar right.
7.7 Moral rights. To the extent permitted by law, you consent to any act or omission by us or our licensees that would otherwise infringe your moral rights in the Content, including editing, adapting, re-cutting, using without attribution and combining the Content with other material. Where such consent cannot be given, you waive those rights to the fullest extent permitted by law.
7.8 Your warranties about the Content. You warrant that: (a) the Content is your original work, or you hold all rights needed to grant the rights in this clause 7; (b) every person who appears or can be heard in the Content has given all consents and releases needed for the uses in this clause 7, and you can provide evidence of this on request; (c) where any person under 18 appears or can be heard in the Content, you are that person's parent or legal guardian, or you have the prior permission of their parent or legal guardian, for the Content to be created and used as set out in these Terms, and you can provide evidence of that permission on request; (d) any music, audio, footage, images, artwork, trademarks, logos or other third party material in the Content is either owned by you or fully cleared for these uses, and you have used only audio that is licensed and cleared to run in paid advertising; (e) the Content does not infringe any intellectual property, privacy, publicity, confidentiality or other right, and is not defamatory, misleading or otherwise unlawful; and (f) any location shown was accessed lawfully and with permission where required.
7.9 No obligation to use. We are not obliged to use, publish or run any Content, and we may stop using, remove, or re-edit Content at any time. Choosing not to use Content does not reduce any warranty, licence, assignment or right in these Terms.
7.10 Retention. We may keep copies of all Content, including in our archives and internal libraries, after your participation ends.
7.11 Source files. You must submit original, full resolution files and keep your source files for at least 12 months so we can request re-supply.
7.12 Your Affiliate Link in our advertising. You agree that Jet Tech may attach your Affiliate Link, or an equivalent tracking parameter, to advertising that Jet Tech creates and funds, including paid social ads built from your Content. Sales attributed to your Affiliate Link from that advertising are commissionable to you under clause 8, even though Jet Tech pays for the media. Jet Tech decides whether, where, how often and at what spend to run any such advertising, and is under no obligation to run any.
7.13 Re-edits and compilations. Where Jet Tech creates a new advertisement substantially from your submitted Content, sales attributed to that advertisement are commissionable to you. Jet Tech may also incorporate brief excerpts of your Content into compilation creative alongside footage from other creators and brand assets. Compilation creative is treated as Jet Tech original work and is not individually commissionable. Jet Tech decides, acting reasonably, whether a given advertisement is substantially derived from one creator's Content or is compilation creative, and which Affiliate Link, if any, is attached to it. Where no Affiliate Link is attached, no commission is payable on that advertisement.
8. Affiliate commission and payment
8.1 Commission. Where you are issued an Affiliate Link, you earn commission of 5% of Net Sales attributed to your Affiliate Link within the Attribution Window. Net Sales exclude GST and shipping, as defined in clause 1.
8.2 Payment. We pay commission monthly in arrears, at the end of the month, once your balance reaches $100, to the payout method you register. Any balance below $100 carries forward to the following month. We may hold commission until the relevant return window on an order has closed. Tracking and payout are administered through GoAffPro.
8.3 No self dealing. You must not use your own Affiliate Link for your own purchases, or generate clicks or orders by artificial, misleading or fraudulent means. We may withhold or reverse commission for refunds, returns, chargebacks, fraud, or any breach of these Terms.
8.4 No paid media by you. You must not promote your Affiliate Link or discount code through paid advertising of any kind, bid on Jet Tech or any Jet Tech product name or misspelling in paid search, use Jet Tech branding in a paid ad you fund, or list your code on coupon, cashback or deal aggregator sites. Commission on orders generated in breach of this clause is forfeited.
8.5 Paid deliverables. For eligible tiers, we may commission paid deliverables. Any fee is agreed with you in writing before you create the deliverable, and is at rates we negotiate with you. Payment for a paid deliverable is made only on delivery and our approval of that deliverable. No approved deliverable means no payment. There is no cash payment for joining the Program.
8.6 Roster. The Roster is an invitation-only tier of committed paid briefs. Invitations are at our discretion. Being in the Program does not entitle you to a Roster place, and Roster payment still follows delivery and approval.
8.7 Commission after your participation ends. Commission accrued before your participation ends remains payable, subject to clause 8.3. Your Affiliate Link is deactivated on termination and no commission accrues after that date, even where we continue to run Content you created.
8.8 Tax. You are responsible for your own tax. Any amount we pay you is inclusive of any tax you are liable for, including any GST, and we will not pay any additional amount on account of GST or other tax. This is separate from the calculation of Net Sales, which excludes the GST charged to the customer on their order.
9. Safety, risk and no liability
9.1 Your responsibility. You take full and sole responsibility for your own safety and conduct, and for the safety of anyone else involved in or affected by your Content. You participate in the Program entirely at your own risk.
9.2 On the water. You must: hold every licence and registration required to operate your PWC; wear an approved personal flotation device and any other legally required safety equipment; carry the safety equipment required for the waters you are on; observe all speed, distance, exclusion zone, alcohol and navigation rules; and check conditions before you go out.
9.3 Filming. You must not film while operating a PWC in a way that puts you or any other person at risk, and you must not operate a PWC while holding or adjusting a camera in a manner that impairs your control of the vessel or your lookout. Where a shot requires filming while under way, have another person film it.
9.4 Fitting. You must fit Gear in accordance with the instructions, and must not ride with Gear that is damaged, incorrectly fitted or not secured.
9.5 Passengers and minors. Any passenger appearing in Content must be lawfully carried and appropriately equipped. Where any person under 18 appears in Content, clause 7.8(c) applies, and that person must be supervised and equipped in accordance with the law.
9.6 No employment, no insurance, no liability. You are not our employee, worker, contractor for hire or agent, you do not act on our behalf, and you are not covered by any Jet Tech insurance. You are responsible for arranging your own insurance, including any insurance covering your PWC. To the maximum extent permitted by law, Jet Tech is not liable for any injury, death, loss, cost or damage of any kind, to you or to any other person or property, arising from or connected with your participation in the Program, your use, fitting or misuse of the Gear or any product, your Content, or your acts or omissions.
9.7 You must promptly report to us any incident, injury or property damage connected with the Program.
9.8 We may set additional safety rules in a Brief, and you must follow them.
9.9 Assumption of risk. You acknowledge that the Program involves operating a PWC and filming on and around open water, that these activities carry inherent risks including drowning, collision, injury and death, and that you accept those risks. To the extent permitted by law, you release Jet Tech from any claim arising from those risks. You confirm this acknowledgement when you accept these Terms.
10. Relationship of the parties
10.1 You are an independent participant. Nothing in these Terms makes you an employee, agent, partner or joint venturer of Jet Tech, and you have no authority to bind us.
10.2 You are responsible for your own PWC, equipment, insurance and costs unless we agree otherwise in writing.
11. Confidentiality
11.1 You must keep confidential all non public information you receive through the Program, including Briefs, unreleased products, pricing, performance data and campaign plans, and you must use it only for the Program.
12. Privacy and personal information
12.1 We handle your personal information in line with the Privacy Act 1988 (Cth) and our privacy policy. You consent to us collecting and using your information to run the Program, including through our operational tools (for example Monday, Klaviyo, GoAffPro, Dropbox and Google), which may store or process it outside your country, and to us contacting you about the Program.
13. Term and termination
13.1 These Terms start when you accept them and continue until your participation ends.
13.2 Either party may end your participation on notice. We may suspend or remove you immediately if you breach these Terms or if we consider it necessary to protect the brand, the public or a platform relationship.
13.3 On termination you must stop using Program materials and Affiliate Links and, if we require, return the Gear or pay for it under clause 4.
13.4 Survival. Clauses 4, 6, 7, 8 (for accrued and clawback amounts), 9, 11, 12, 14 and 15 survive termination or expiry. In particular, the content and intellectual property rights in clause 7 are perpetual and survive.
14. Warranties, indemnity and liability
14.1 You warrant that you will comply with these Terms and all applicable laws, and you repeat the warranties in clause 7.8 each time you submit Content.
14.2 Indemnity. You indemnify Jet Tech against any loss, damage, cost or claim we suffer arising from your participation in the Program, your breach of these Terms, your misuse or incorrect fitting of the Gear or any product, your Content, or your acts or omissions. This includes any claim for injury, death or property damage, and any third party claim that your Content infringes their rights.
14.3 Liability. To the extent permitted by law, we exclude all implied terms and our liability for indirect or consequential loss, and our total liability to you is limited to the greater of the amounts we have paid you in the 12 months before the claim and AUD $500. Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy under the Australian Consumer Law, or under any mandatory consumer protection law of the country in which you live, or under any other law, that cannot lawfully be excluded.
15. General
15.1 These Terms are governed by the laws of Queensland, Australia, and you submit to the courts of that jurisdiction. This does not deprive you of the protection of any mandatory consumer law of the country in which you live that applies to you and cannot be excluded by agreement.
15.2 These Terms, with the Brief and any deal specific terms recorded on approval, are the entire agreement between us about the Program.
15.3 We may update these Terms by giving you notice. If you continue in the Program after the update takes effect, you accept the updated Terms.
15.4 We may assign or transfer our rights under these Terms, including the rights in clause 7. You may not assign your obligations without our consent.
15.5 If any provision is unenforceable, it is severed and the rest continues. A failure to enforce a provision is not a waiver of it.
16. Acceptance
By ticking "I have read and agree to the Jet Tech Creator Program Terms and Conditions" and submitting your application, you accept these Terms, including the exclusive content licence and intellectual property terms in clause 7, the deliver, return or pay rule in clause 4, and the assumption of risk and no liability position in clause 9.
Jet Tech Creator Program Terms and Conditions · v1.0 · Jet Tech Products Pty Ltd, ABN 39 613 656 330 · Governing law: Queensland, Australia