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Employee Trial Participation Agreement

Last Updated: 12/8/2025

We are pleased that you would like to participate in a voluntary trial of the products and services described below (the “Trial”). You may be among a select number of our personnel who are participating in this exciting opportunity! 

Please review and accept this Employee Trial Participation Agreement (this “Agreement”) in order to participate in the Trial. This Agreement constitutes a legal agreement between The Trade Desk, Inc. (“Company,” “we” or “us” and their grammatical variations), and you, the participant in the Trial (“you” and its grammatical variations). 

  1. Description. This is a trial of the Ventura streaming video device, including the physical hardware, the operating system, integrated publisher applications and any documentation related thereto (collectively, the “Trial Materials”). The Trial may gather information: (a) to determine the technical feasibility of deploying the Trial Materials to end users on a large scale; (b) to identify and address any flaws in the Trial Materials; and (c) to learn about the features of the Trial Materials that are liked and disliked. 

  2. Duration. The Trial will begin on the earlier of the date: (a) your first accessing the Trial Materials; (b) you receive receipt of the Trial Equipment; or (c) your acceptance of this Agreement, and will continue until a date determined by us in our sole discretion (“Trial Period”). We will give you notice prior to the end of the Trial Period. If you have accessed the Trial Materials or received the Trial Equipment prior to accepting this Agreement, you acknowledge and agree that the terms of this Agreement shall apply to any such prior access or receipt as if you had accepted this Agreement beforehand.

  3. Equipment. 

    1. We will provide, or may have already provided, you with some of the following hardware as part of the Trial: a streaming video device; a remote control unit; and associated cables and batteries (“Trial Equipment”). We reserve the right to change the Trial Equipment provided in connection with this Trial at any time. The Trial Equipment will be provided to you at no charge only for the duration of the Trial Period. The Trial Equipment may enable you to purchase or subscribe to third-party products or services. You are responsible for the costs of those purchases and subscriptions, and will not seek reimbursement from us. You acknowledge that we have a limited inventory of Trial Equipment and that not everyone who requests to be enrolled in the Trial, or is actually enrolled in the Trial, will be provided with Trial Equipment. 
    2. Upon the termination or expiration of the Trial Period, or at any other time in our sole discretion (e.g., if you are no longer our employee), we may request the return of the Trial Equipment, after which you must return the Trial Equipment to us, in the manner requested by us, within 14 days (“Return Period”). If we request that you return the Trial Equipment, then the Trial Equipment must be returned in substantially the same condition in which you received it. If we request that you return the Trial Equipment, and you fail to return the Trial Equipment within the Return Period or you fail to return the Trial Equipment in substantially the same condition in which you received it, then we may charge you for the full replacement cost of the Trial Equipment. 

  4. Voluntary Participation and Feedback. You agree to: (a) use the Trial Materials regularly in order to gain sufficient experience with the Trial Materials; (b) promptly report any issues you experience with the Trial Materials; (c) comply with any instructions provided by us as part of the Trial; and (d) provide us with information, data and feedback regarding the Trial Materials as requested by us. Such feedback may include participation in telephone interviews, telephone or written surveys, and submission of written comments or communications. Your feedback and communication will be critical for us to modify and improve the Trial Materials, and they are therefore a condition of your initial and ongoing participation in the Trial. Your participation in the Trial is entirely voluntary and is not a condition of employment or continued employment. You may decline to participate or may withdraw from the Trial at any time, for any reason or no reason, without penalty, retaliation, or adverse employment action. To withdraw, you must cease use of the Trial Materials and return any Trial Equipment in your possession in accordance with this Agreement. You acknowledge and agree that other than that already provided to you by virtue of your employment with us, you will not receive, and are not entitled to receive, any additional compensation, wages, bonuses, benefits, reimbursements, or other remuneration of any kind for your participation in the Trial or for any feedback, data, or information you provide in connection with the Trial. You assign to us all right, title, and interest in and to any suggestions, feedback, ideas, or other input you provide regarding the Trial, Trial Equipment, or Trial Materials, and you waive any claims to such compensation therefor. This feedback assignment supplements, and does not limit, your assignment and ownership covenants under your applicable offer letter, employment contract, and Employee Confidentiality, Inventions, and (as applicable) Use of Likeness Agreement (your “CIIAA”); to the extent of any conflict, the provision affording us the greater right or protection will govern to the fullest extent permitted by applicable law.

  5. Policy Compliance; Acceptable Use. You will use the Trial Materials in accordance with all Company policies, practices, and procedures applicable to you, including your applicable offer letter, employment contract, CIIAA, Employee Handbook, Information Security Program Policy, privacy notices applicable to employees, any other document pertaining to the terms and conditions of your employment, and any posted Trial-specific guidelines (together, the “Employee Terms”). You acknowledge that there is no expectation of privacy on our systems or devices, and that activity on such systems may be monitored to the extent permitted by applicable policies and law.

  6. Support. As with any trial, the Trial Materials are in the developmental stage and may contain bugs or defects and may not function properly, and there may be problems that affect your ability to use the Trial Materials or impact other services. Because we cannot anticipate exactly what issues may arise, we cannot guarantee how long it will take to fix a problem. For technical support or to provide feedback, please contact us through our designated system. Support is provided on a best-efforts basis only and may be unavailable at times.

  7. Termination. Upon termination of your participation or employment (whichever occurs first), you must promptly return all Trial Equipment and cease using any Trial Materials as required by the Employee Terms. You will not retain copies (physical or electronic) of our materials, except as expressly permitted by applicable law. In addition, we reserve the right to terminate the Trial, your participation in the Trial, and/​or to change, add or delete features, functionalities or services offered through the Trial at any time, in our sole discretion. If you are dissatisfied with the Trial or the Trial Materials, or have incurred any loss, claim, damages, expenses, liabilities or costs arising directly or indirectly from the Trial or the Trial Materials, your sole and exclusive remedy will be to terminate your participation in the Trial by returning the Trial Equipment, and ceasing use of the Trial Materials. You may terminate your participation in the Trial at any time, for any reason, by ceasing use of the Trial Materials and returning any Trial Equipment as set forth herein. Termination of your participation will not result in any penalty, retaliation, or adverse employment action.

  8. Continued Use of the Trial Materials Post Trial Period. We, in our sole discretion, may allow you to continue using the Trial Materials after the Trial Period. In continuing to use the Trial Materials, you agree that the terms and conditions of this Agreement will govern your use of the Trial Materials until: (a) you return the Trial Equipment to us and stop using the other Trial Materials; or (b) we make the Trial Materials commercially available, at which time your use thereof will be subject to our standard terms and conditions for the commercially available Trial Materials. If you dispose of Trial Materials, then you must do so in accordance with all laws, including those applicable to electronic waste. 

  9. Acknowledgement of Risks. There may be risks involved with the Trial, including illness, injury, property damage, or privacy risks. Should you experience any adverse effect, you shall immediately stop use of the Trial Materials and notify the Trial administrator.

  10. No Warranty. THE TRIAL, TRIAL MATERIALS AND TRIAL EQUIPMENT are provided “as is.” NOTWITHSTANDING ANY OTHER LANGUAGE TO THE CONTRARY HEREIN, WE make no warranty, express or implied (including any warranty of merchantability or fitness for a particular purpose), with respect to the TRIAL, Trial MATERIALS, OR TRIAL EQUIPMENT. 

  11. LIMITATIONS OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT WE, OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING LOSS OF PROFITS) LOSSES, CLAIMS, DAMAGES, EXPENSES, LIABILITIES, LEGAL FEES, OR OTHER COSTS THAT RESULT DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY ALLEGATION, CLAIM, SUIT, OR OTHER PROCEEDING IN CONNECTION WITH THE TRIAL (INCLUDING INSTALLATION, MODIFICATION, REMOVAL OR USE OF TRIAL MATERIALS AND TRIAL EQUIPMENT). TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR AGGREGATE MAXIMUM LIABILITY RELATED TO ANY ASPECT OF THE TRIAL SHALL NOT EXCEED US$100.

  12. Accessibility. The Trial Materials are pre-release and under active development. Accessibility features may be incomplete, may not perform consistently, and may change, be added, or be removed at any time without notice. We make no representation or warranty that the Trial Materials conform to any accessibility law, regulation, rule, or standard, and we undertake no obligation to remediate, redesign, or achieve any specific level of accessibility by any date. To the fullest extent permitted by law, we disclaim all liability arising from or related to the accessibility, inaccessibility, or compatibility of the Trial Materials. Your sole and exclusive contractual remedies with respect to the Trial or Trial Materials are as set forth in this Agreement. We will provide reasonable accommodations for you to access the Trial Materials upon request, in accordance with applicable law and the Employee Terms.

  13. Ownership. As between you and us, the Trial Materials, including any software incorporated therein, are our property. We, at all times, retain ownership thereof. You may not rent, lease, sell, sublicense or otherwise transfer any portion of the Trial Materials, or permit any third party to do so. You agree that during the Trial Period, we may, from time to time, upgrade or modify the software embedded in any Trial Equipment. 

  14. No Illegal Conduct. You agree that you will not use the Trial Materials to: (a) engage in any unlawful activity; (b) transmit or store any information, data or material in violation of any U.S. federal, state or local regulation or law; or (c) transmit content that is obscene, unlawful, threatening, defamatory or that infringes the intellectual property of any person.

  15. Communication. It is important that we be able to communicate with you regularly during the Trial Period about the Trial. Accordingly, you agree to provide us with your email address for purposes of communications and support and consent to the receipt of such communications via email, phone call, text message or other means of communication. 

  16. Confidentiality. The conduct, nature, quality, and existence of the Trial, the Trial Equipment, and the Trial Materials constitute our Confidential Information. Your obligations regarding Confidential Information are governed by your Employee Terms. Without limiting any of those existing obligations, you agree not to disclose or discuss any details of the Trial, or your participation in the Trial, with non-participants, including, but not limited to, other employees, media representatives, or our competitors, without our prior written approval in each instance. Your confidentiality obligations continue after the Trial ends until such information becomes publicly known through no fault of yours.

  17. Collection of Data and Privacy Disclosures. As part of your participation in the Trial and our effort to understand how users may use the Trial Materials, we may collect and use certain data regarding your use of the Trial Materials. This may include the following categories of personal information: contact information (e.g., email address, phone number); pseudonymous identifiers (e.g., advertising identifiers, cookie identifiers, or unique identifiers that are generated from directly-identifying information like your email or phone number), non-precise location information (e.g., zip codes, IP addresses); the Trial Equipment’s location in the home; Trial Equipment information (e.g., device identifiers, make and model, hardware and software versions, device statistics); Trial Equipment activity and usage information (e.g., dwell time, key presses, device engagement, device performance, voice interactions); application information (e.g., profile information, entitlements, authentication type, subscription information, application statistics); application activity and usage information (e.g., usage frequency, usage duration, application positioning, content information, search information, watch lists and watch history, recommendations, voice interactions, UI interactions); and interests and inferences (e.g., information we collect about your participation in the Trial or infer based on your usage of the Trial Equipment) (collectively, “Personal Information”). We may use this Personal Information to manage the Trial, improve the Trial Materials and other products and services, and develop new ones. The Trial Materials may display advertisements, including ads tailored to your interests based on Personal Information collected or inferred from your activity over time and across nonaffiliated websites or applications (“Targeted Advertising,” also referred to as “cross-context behavioral advertising” under applicable privacy laws). If functionality shifts in a way that materially impacts our handling of Personal Information, we will provide you with appropriate notices and choices. We will retain your data for the duration of the Trial and for a period up to 12 months after that. By participating in the Trial and accepting this Agreement, you consent to our use of your Personal Information as described above, and we may seek additional consent where required by law. If you don’t want to give consent, you won’t be able to participate in the Trial. You may terminate your participation in the Trial and withdraw your consent at any time by returning the Trial Equipment, which will stop us from collecting new Personal Information relating to your use of the Trial Equipment (but please note we may continue processing Personal Information collected during the Trial. Withdrawing consent does not affect the lawfulness of processing carried out before that point). If you have questions about how we handle your Personal Information, or to exercise your legal rights you may have depending on where you live with regard to the processing of your personal data, which may include the right to request “access,” “deletion” and “correction”, or to complain about our processing of your personal data, please fill out the webform currently available at https://​sub​mit​-irm​.trustarc​.com/​s​e​r​v​i​c​e​s​/​v​a​l​i​d​a​t​i​o​n​/​s​h​o​r​t​/​9​7​f​d​6​8​2​b​/​?​b​r​a​n​d​I​d​=​2​7​f​3​4​e​7​9​-1427 – 402b-b9aa-0bd2d856b0c4 or contact us at privacy@​thetradedesk.​com. You will not be discriminated against for the exercise of such rights and you may complain to a relevant data protection authority where you believe your rights under applicable privacy law have been infringed.

  18. Children. The Trial is not intended for children. Please do not create an account or profile on the Trial Equipment for anyone under 18 years of age or intentionally permit minors to use the Trial Equipment. 

  19. Additional Terms. This Agreement is in addition to any Employee Terms that apply to you, which are hereby incorporated by reference. In the event of a direct conflict between this Agreement and the Employee Terms, the provision that affords us greater protection will govern, except where prohibited by applicable law. Please note that, in addition to this Agreement and the Employee Terms, your participation in the Trial and your use of the Trial Materials are subject to any other terms you agree to as part of participating in the Trial. You may be required to create an account with us, or one or more third parties, or download one or more third-party applications for this Trial. You agree that we will have no liability for such third-party accounts or applications, or the actions or omissions of their providers. If you create an account with a third party or download a third-party application: (a) you may be required to agree to additional third-party terms; (b) you acknowledge that such third party may be able to collect other personal information about your use of the Trial Materials and may further use and disclose all collected personal information as further set forth in its own privacy policy; and (c) you should contact the third party directly with any questions. For purposes of the Video Privacy Protection Act (18 U.S.C. § 2710), you give your informed written consent for: (i) each third-party application provider to disclose to us “personally identifiable information” (as defined therein) concerning your use of their application, such as the audiovisual content you request or obtain, and how much of that content you watch; and (ii) for us to disclose such personally identifiable information concerning your use of the Trial Equipment to our service providers (e.g., the manufacturer of the Trial Equipment) and to third parties (e.g., application providers), provided that such disclosures are consistent with Section 17 of this Agreement, as may be modified by subsequent notice to you. You may revoke this consent at any time by terminating your participation in the Trial and returning the Trial Equipment to us. 

  20. Changes to this Agreement; Continued Use as Acceptance. We may update, modify, or supplement this Agreement at any time during the Trial. To the extent required by applicable law, material changes will be communicated in advance. Unless otherwise required by applicable law, changes will be effective on the date specified in the notice. Your continued use of the Trial Materials after the effective date of any changes constitutes your acceptance of the updated Agreement. If you do not agree to any changes, you must stop using the Trial Materials and return any Trial Equipment in accordance with this Agreement.
     

  21. Governing Law and Venue. This Agreement will be construed and interpreted under the laws of the State of California without giving effect to the principles of conflict of laws. Any legal action or proceeding arising under, related to or connected with this Agreement must be brought exclusively in the federal (if they have jurisdiction) or state courts located in Los Angeles County, CA, and the parties irrevocably consent to the personal jurisdiction and venue there, and waive any objection to that location being an inconvenient forum.

  22. Severability. If any provision of this Agreement shall, for any reason, be held or deemed invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect. If a provision is unenforceable in a particular jurisdiction, it will be enforced to the maximum extent permitted.

Please click “Submit” if you agree to the terms and conditions of this Agreement and if you give consent to our use of Personal Information for the purpose of the Trial including display of personalized ads, to improve Trial Materials and other products and services and develop new ones. You can withdraw your consent at any time; see clause 17 for more information.