Document

THIS Non-Competition, Confidentiality and Non-Solicitation Agreement (the “Agreement”) is made and entered into between Adam Quigley (“Employee”) and SharkNinja Management LLC and SharkNinja Sales Company, together with parent entity SharkNinja Operating LLC, a Delaware limited liability company (“Operating”), and its subsidiaries and affiliates within the SharkNinja family of companies to or for which Employee provides services or about which Employee acquires Confidential Information (and its or their successors and assigns) (collectively, “SharkNinja Companies”).

WHEREAS, the SharkNinja Companies is in the business of the design, marketing and distribution of floor care or steam cleaning products, garment care products, beauty and haircare products, outdoor grills, air purification products, kitchenware and kitchen appliances (each line of product or appliances, individually “a line of business” or any combination thereof, the “Business”) and the SharkNinja Companies desire to employ Employee as an at will employee and in consideration for such employment, Employee is voluntarily entering into this Agreement.

Now Therefore, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, including without limitation, Employee’s promotion into the role of Chief Financial Officer and accompanying increases to compensation, the opportunity to participate in the SharkNinja Companies’ Long-Term Incentive Plan and the opportunity to participate in the SharkNinja Companies’ Management Incentive Bonus Plan, Employee’s access to the SharkNinja Companies’ goodwill, customer and client relationships, and/or confidential information, and the covenants and promises of the parties set forth herein, the parties hereto, intending to be legally bound, hereby agree as follows:

1.Acknowledgment. Employee and the SharkNinja Companies acknowledge that the SharkNinja Companies at considerable expense have purchased and developed valuable goodwill, going concern value, customer and client relationships and confidential information that are valuable property rights of the SharkNinja Companies and that Employee will have access to and knowledge concerning such rights, which if used other than for the benefit of the SharkNinja Companies could significantly injure the SharkNinja Companies. Employee understands that the SharkNinja Companies will provide Employee with one or more of these items in reliance upon Employee’s promise to abide by the restrictions in this Agreement and would refuse to provide Employee with the foregoing if Employee were not willing to enter into and abide by the terms of this Agreement. Employee acknowledges that complying with the provisions contained in this Agreement will not preclude them from engaging in a lawful profession, trade or business, or from becoming gainfully employed in such a way as to provide a standard of living for themselves.

a.“Competing Business” means any other individual, partnership, corporation, limited liability company or any other entity (each a “Person”) that competes with a line of business in which Employee had involvement or about which Employee obtained Confidential Information during the Look Back Period. Employee acknowledges that over the course of Employee’s career, the SharkNinja Companies’ business may expand beyond its current lines of business, and therefore, the definition of Competing Business also includes a Person developing, marketing or selling any product or service the SharkNinja Companies is developing, marketing or distributing or has plans to develop, market or distribute at the time of the Employee’s termination of employment, in which Employee had involvement or about which Employee obtained Confidential Information during the Look Back Period.

b.“Compete” means (i) for the benefit of or on behalf of a Competing Business, participate in, manage, supervise, or provide services that are the same as or similar in purpose or function to any services Employee provided to or supervised for the SharkNinja Companies during the Look Back Period; or (ii) take on any other responsibilities for a Competing Business that would involve the probable use or disclosure of Confidential Information or the conversion of Covered Customers or Key Relationships to the benefit of a Competing Business or detriment of the SharkNinja Companies. If Employee is employed in a sales role and earns less than $150,000 in Box 1 W-2 annual compensation for SharkNinja, then the definition of “Compete” shall be modified to mean:

c.“Confidential Information” means an item of information or data or compilation of information or data in any form (tangible or intangible) related to the SharkNinja Companies’ Business that Employee acquires or gains access to in the course of their employment with SharkNinja Companies that the SharkNinja Companies has not authorized public disclosure of, and that is not readily available to the public or persons outside the SharkNinja Companies through proper means. By way of example and not limitation, Confidential Information is understood to include: confidential techniques, know-how, negative know-how, financial information, copyrights, patents, trademarks, trade names, slogans, logos, designs, service marks, computer software programs, databases, magnetic media, systems and programs, trade secrets, business lists, customer lists, records of customers and customer contact information, as well as customer communications, private customer contract terms, unique customer preferences and historical transaction data, client lists, supplier lists, employee personnel files unless Employee’s own personnel file, engineering data, logs, consultants’ reports, unpublished pricing information, and underlying pricing-related variables such as costs, volume discounting options, and profit margins, budgets, ratings, forecasts, format strategy, financial reports and projections, tapes and electronic data processing files, accounting journals and ledgers, accounts receivable records and sales, operating, marketing and business plans. “Confidential Information” shall not include any information or material that becomes generally available to the public other than as a result of a wrongful disclosure by a person otherwise bound to the provisions hereof, or any person bound by a duty of confidentiality or similar duty owed to the SharkNinja Companies.

d.“Covered Customer” means: (i) any Person that was a customer or client of any of the SharkNinja Companies during the Look Back Period and with which Employee either had material business-related contact and/or about whom Employee received Confidential Information; and, if allowed by applicable law, or, where allowed by law, (ii) any Person to whom the SharkNinja Companies has made a presentation for the solicitation of business within the ninety (90) days prior to the date of termination of Employee’s employment with the SharkNinja Companies and with which Employee either had significant contact and/or about which Employee received Confidential Information. The definition of “Covered Customer” shall be further limited to retailers, distributors, and direct importers with whom SharkNinja Companies conducts business. For avoidance of doubt, the definition of “Covered Customer” shall not include individual consumers who purchase SharkNinja Companies products as the end-user. Material business-related contact is presumed present for this definition and the definition of “Key Relationship” if Employee received commissions, bonuses, or other beneficial credit or attribution for business done with the customer or key relationship or Employee participated in or supervised communications with the customer or key relationship (but not merely a mass mailing or “cold call” telephone or email solicitation) that is intended to result in, lead to, maintain, increase, facilitate or otherwise aid the sale or provision of products or services sold by the SharkNinja Companies.

j.“Territory” means the geographic territory(ies) assigned to Employee by the SharkNinja Companies during the Look Back Period (by state, county, or other recognized geographic boundary used in the SharkNinja Companies’ business); and, if Employee has no such specifically assigned geographic territory then: (i) those states and counties in which Employee participated in the SharkNinja Companies’ business and/or about which Employee was provided access to Confidential Information during the Look Back Period; and, (ii) the state and county where Employee resides. If Employee is employed by the SharkNinja Companies in a research and development capacity and/or if Employee is employed in a senior management position (such as Vice President and above, Director, or Officer) then Employee is presumed to have participated in the SharkNinja Companies’ business and/or had Confidential Information about the SharkNinja Companies’ business throughout the United States (including state and state-equivalents and county and county-equivalents therein). Employee is responsible for seeking clarification from the SharkNinja Companies’ Human Resources department if it is unclear to Employee at any time what the scope of the Territory is.

b.Nothing in this Agreement prohibits Employee from owning 2% or less of the publicly traded stock of such a company so long as such ownership is a non-controlling interest, passive in nature (such as through a mutual fund), and Employee has no other material involvement with the company of any kind. Further, the post-employment non-competition in Section 3 will not apply if Employee’s employment is terminated without cause. For the limited purposes of the application of the non-competition clause in Section 3 of the Agreement, “cause” to terminate Employee’s employment exists if Employee has: (a) materially breached any obligations under any applicable employment, confidentiality, nonsolicitation or noncompetition agreement with the SharkNinja Companies; (b) been convicted of or entered a plea of guilty or nolo contendere to, or admission to facts sufficient for a finding of guilt for, any crime constituting a felony or any misdemeanor involving fraud, dishonesty and/or moral turpitude; (c) neglected, refused, or failed to discharge Employee’s duties (other than due to physical or mental illness) commensurate with Employee’s title and function, or Employee’s failure to comply with a lawful direction of the SharkNinja Companies; (d) breached their duty of loyalty or fiduciary duty to the SharkNinja Companies; (e) violated the SharkNinja Companies’ policy or policies; (f) engaged in any other willful misconduct which is materially injurious to the financial condition or business reputation of, or is otherwise materially injurious to, SharkNinja Companies; and/or (g) engaged in any other act that is accepted as cause for termination under the common law. Nothing in this paragraph shall be construed to eliminate or modify the “at-will” nature of the parties’ relationship.

4.Non-solicitation of Customers. Employee agrees that, during the Non-Solicit Restrictive Period, Employee will not, directly or by assisting or directing others: (a) solicit any Covered Customer for the direct or indirect purpose of providing services or products to such Covered Customer, which services or products are competitive with or similar to one or more services or products provided by the SharkNinja Companies during the Look Back Period; or (b) contact any Covered Customer or knowingly engage in any other conduct that is intended to cause, or could reasonably be expected to cause, the Covered Customer to stop or reduce doing business with the SharkNinja Companies, or that would involve diverting business opportunities away from the SharkNinja Companies (collectively the “Customer Non-Solicitation Obligations”).

5.Non-solicitation of Employees. Employee agrees that, during the Non-Solicit Restrictive Period, Employee will not knowingly, directly or by assisting or directing others: (a) solicit or attempt to solicit, directly or by assisting others, any Covered Employee to terminate their employment or retention by any of the SharkNinja Companies; or (b) on behalf of a Competing Business, facilitate the hiring or retention as an independent contractor, employee or consultant any Covered Employee to perform the same or similar services related to the activities that Covered Employee performed for the SharkNinja Companies (collectively the “Employee Non-Solicitation Obligations”).

6.Non-solicitation of Key Relationships. Employee agrees that, during the Non-Solicit Restrictive Period, Employee will not, directly or by assisting or directing others: (a) solicit or contact any Key Relationship for the direct or indirect purpose of doing any business that would compete with the SharkNinja Companies’ Business; or (b) knowingly engage in any conduct that is intended to cause, or could reasonably be expected to cause, the Key Relationship to stop or reduce doing business with the SharkNinja Companies, or that would involve diverting business opportunities away from the SharkNinja Companies (collectively the “Key Relationship Non-Solicitation Obligations”).

7.Confidentiality. Employee acknowledges that their employment with the SharkNinja Companies creates a relationship of confidence and trust with respect to any information of a confidential or secret nature that relates to the SharkNinja Companies’ Business. Employee covenants that at all times during their employment and after the termination of such employment, Employee will keep and hold all Confidential Information in strict confidence and trust, and will not in any fashion, form or manner, either directly or indirectly, use, disclose, transfer, transmit, download, upload, store, divulge or otherwise publish any Confidential Information without the prior written consent of an Officer of the SharkNinja Companies, except as may be necessary to perform their duties as an employee of the SharkNinja Companies. Employee will abide by the policies and regulations of the SharkNinja Companies, as established from time to time, for the protection of its Confidential Information.

Employee understands that in the course of their employment with SharkNinja Companies they may obtain access to confidential information entrusted to SharkNinja Companies by third parties in confidence and will generally be subject to an agreement with a third party governing the terms under which it must be kept confidential (“Third Party Confidential Information”). Except where otherwise expressly provided for in this Agreement or through a written instruction from the SharkNinja Companies, Employee will handle Third Party Confidential Information in accordance with both the foregoing limitations and the SharkNinja Companies’ policies and restrictions on Confidential Information.

If Employee leaves SharkNinja Companies, Employee may take with them and use the general skills, knowledge and experience that Employee has learned or developed in their position or positions with SharkNinja Companies. If required by applicable law, the restrictions on use or disclosure of Confidential Information will only apply for three (3) years after the end of Employee’s employment, where information that does not qualify as a trade secret is concerned; however, the restrictions will continue to apply to trade secret information for as long as the information at issue remains qualified as a trade secret. Nothing in this Agreement will be construed to prohibit Employee from engaging in any disclosure that is compelled by law (such as a subpoena, court order, or other legal mandate). However, unless prohibited by law from doing so, Employee will notify the SharkNinja Companies as quickly as possible after being served with a subpoena, order, or other legal mandate requiring the production of Confidential Information so that the SharkNinja Companies can take reasonable steps to protect its interests; provided that nothing herein will be construed to create a requirement that is not permitted under Section 22 (Limitations; Protected Conduct).

(a) “Inventions” mean any inventions, discoveries, improvements, designs, processes, machines, products, innovations, business methods or systems, know how, ideas or concepts of commercial value or utility, and related technologies or methodologies, whether or not shown or described in writing or reduced to practice and whether patentable or not. “Works” mean original works of authorship, including, but not limited to: literary works (including all written material), mask works, computer programs, formulas, tests, notes, data compilations, databases, artistic and graphic works (including designs, graphs, drawings, blueprints, and other works), recordings, models, photographs, slides, motion pictures, and audio visual works; whether copyrightable or not, and regardless of the form or manner in which documented or recorded. “Trademarks” mean any trademarks, trade dress or names, symbols, special wording or devices used to identify a business or its business activities whether subject to trademark protection or not. The foregoing is collectively referred to in this Agreement as “Intellectual Property.”

(b) Employee assigns to the SharkNinja Companies or its nominee Employee’s entire right, title and interest in and to all Inventions that are made, conceived, or reduced to practice by Employee, alone or jointly with others, during Employee’s employment with the SharkNinja Companies (whether during working hours or not) that either (i) relate to SharkNinja Companies’ business, or actual or demonstrably anticipated research or development of the SharkNinja Companies, or (ii) involve the use or assistance of any tools, time, material, personnel, information, or facility of the SharkNinja Companies, or (iii) result from or relate to any work, services, or duties undertaken by Employee for the SharkNinja Companies.

(c) Employee recognizes that all Works and Trademarks conceived, created, or reduced to practice by Employee, alone or jointly with others, during Employee’s employment shall to the fullest extent permissible by law be considered the SharkNinja Companies’ sole and exclusive property and “works made for hire” as defined in the U.S. Copyright Laws for purposes of United States law and the law of any other country adhering to the “works made for hire” or similar notion or doctrine, and will be considered the SharkNinja Companies’ property from the moment of creation or conception forward for all purposes without the need for any further action or agreement by Employee or the Company. If any such Works, Trademarks or portions thereof shall not be legally qualified as a works made for hire in the United States or elsewhere or shall subsequently be held to not be a work made for hire or not the exclusive property of the SharkNinja Companies, Employee hereby assigns to the SharkNinja Companies all of Employee’s rights, title and interest, past, present and future, to such Works or Trademarks. Employee will not engage in any unauthorized publication or use of such Company Works or Trademarks, nor will Employee use same to compete with or otherwise cause damage to the business interests of the SharkNinja Companies.

(d) It is the purpose and intent of this Agreement to convey to the SharkNinja Companies all of the rights (inclusive of moral rights) and interests of every kind, that Employee may hold in Inventions, Works, Trademarks and other intellectual property that are covered by Sections 8 (a) through (c) above (“Company Intellectual Property”), past, present and future; and, Employee waives any right that Employee may have to assert moral rights or other claims contrary to the foregoing understanding. It is understood that this means that in addition to the original work product (be it invention, plan, idea, know how, concept, development, discovery, process, method, or any other legally recognized item that can be legally owned), the SharkNinja Companies exclusively owns all rights in any and all derivative works, copies, improvements, patents, registrations, claims, or other embodiments of ownership or control arising or resulting from an item of assigned Company Intellectual Property everywhere such may arise throughout the world. The decision whether or not to commercialize or market any Company Intellectual Property is within the SharkNinja Companies’ sole discretion and for the SharkNinja Companies’ sole benefit and no royalty will be due to Employee as a result of the SharkNinja Companies’ efforts to commercialize or market any such invention. In the event that there is any Invention, Work, Trademark, or other form of intellectual property that is incorporated into any product or service of the SharkNinja Companies that Employee retains any ownership of or rights in despite the assignments created by this Agreement, then Employee hereby grants to the SharkNinja Companies and its assigns a nonexclusive, perpetual, irrevocable, fully paid-up, royalty-free, worldwide license to the use and control of any such item that is so incorporated and any derivatives thereof, including all rights to make, use, sell, reproduce, display, modify, or distribute the item and its derivatives. All


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assignments of rights provided for in this Agreement are understood to be fully completed and immediately effective and enforceable assignments by Employee of all intellectual property rights in Company Intellectual Property. When requested to do so by the SharkNinja Companies, either during or subsequent to employment with the SharkNinja Companies, Employee will (i) execute all documents requested by the SharkNinja Companies to affirm or effect the vesting in the SharkNinja Companies of the entire right, title and interest in and to the Company Intellectual Property at issue, and all patent, trademark, and/or copyright applications filed or issuing on such property; (ii) execute all documents requested by the SharkNinja Companies for filing and obtaining of patents, trademarks and/or copyrights; and (iii) provide assistance that the SharkNinja Companies reasonably requires to protect its right, title and interest in the Company Intellectual Property, including, but not limited to, providing declarations and testifying in administrative and legal proceedings with regard to Company Intellectual Property. Power of Attorney: Employee hereby irrevocably appoints the SharkNinja Companies as its agent and attorney in fact to execute any documents and take any action necessary for applications, registrations, or similar measures needed to secure the issuance of letters patent, copyright or trademark registration, or other legal establishment of the SharkNinja Companies’ ownership and control rights in Company Intellectual Property in the event that Employee’s signature or other action is necessary and cannot be secured due to Employee’s physical or mental incapacity or for any other reason.

(e) Employee will make and maintain, and not destroy, notes and other records related to the conception, creation, discovery, and other development of Company Intellectual Property. These records shall be considered the exclusive property of the SharkNinja Companies and are covered by Sections 8 (b) through (d) above. During employment and for a period of one (1) year thereafter, Employee will promptly disclose to the SharkNinja Companies (without revealing the trade secrets of any third party) any Intellectual Property that Employee creates, conceives, or contributes to, alone or with others, that involve, result from, relate to, or may reasonably be anticipated to have some relationship to the line of business the SharkNinja Companies is engaged in or its actual or demonstrably anticipated research or development activity.

(f) Employee will not claim rights in, or control over, any Invention, Work, or Trademark as something excluded from this Agreement because it was conceived or created prior to being employed by the SharkNinja Companies (a “Prior Work”) unless such item is identified in the Prior Works section below Employee’s signature and signed by Employee as of the date of this Agreement. Employee will not incorporate any such Prior Work into any work or product of the SharkNinja Companies without prior written authorization from the SharkNinja Companies to do so; and, if such incorporation does occur, Employee grants the SharkNinja Companies and its assigns a nonexclusive, perpetual, irrevocable, fully paid-up, royalty-free, worldwide license to the use and control of any such item that is so incorporated and any derivatives thereof, including all rights to make, use, sell, reproduce, display, modify, or distribute the item and its derivatives.

9.Return of Company Property. Employee acknowledges that all records, files, data, documents and the like relating to suppliers, customers, costs, prices, systems, methods, personnel, technology and other materials relating to the SharkNinja Companies shall be and remain the sole property of the SharkNinja Companies and Employee shall, upon the request of an Officer of the SharkNinja Companies, turn over all such materials and any Confidential Information. Employee also agrees that, prior to departure from employment, Employee shall submit to a termination interview to review Employee’s obligations under the terms of this Agreement. Within five (5) business days of the date Employee’s employment with SharkNinja Companies ends, or upon SharkNinja Companies’ request, Employee shall return to the applicable SharkNinja Companies all of such SharkNinja Companies’ property in working condition (keys, badges, laptops, cellular telephones, cars, etc.) used by Employee in the performance of the services, and all Confidential Information, whether in print or electronic form, in the control, custody or possession of Employee or Employee’s agents or representatives. Upon request by SharkNinja Companies, Employee must also provide their passwords for any SharkNinja Companies owned devices or accounts. Employee’s failure to provide such passwords, documents, devices or other SharkNinja Companies’ property shall be considered a breach of this Section 9.

10.Best Efforts and Loyalty. Employee agrees that during the period of their employment by SharkNinja Companies, Employee will not, without SharkNinja Companies’ express written consent, directly or through the direction or control of others, engage in any employment or business activity which is directly or indirectly competitive with, or would otherwise conflict with, Employee’s employment by SharkNinja Companies. By way of example and not limitation, Employee will not solicit any of the customers or prospective customers of the SharkNinja Companies for the purpose of diverting or attempting to divert any business away from the SharkNinja Companies.


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11.Validity; Severability. Each of Employee’s obligations under this Agreement shall be considered a separate and severable obligation. If a court determines that a restriction in this Agreement cannot be enforced as written due to an overbroad limitation (such as time, geography, or scope of activity), unless not allowed by applicable law, the parties agree that the court shall reform or modify the restrictions or enforce the restrictions to such lesser extent as is allowed by law. If, despite the foregoing, any provision contained in this Agreement is determined to be void or unenforceable, in whole or in part, then the other provisions of this Agreement will remain in full force and effect. This Agreement will survive the expiration or termination of Employee’s employment with the SharkNinja Companies and shall, likewise, continue to apply and be valid notwithstanding any change in the Employee’s duties, responsibilities, compensation, position, or title. .

12.Injunctive Relief. The restrictions contained in this Agreement are considered by the parties hereto to be fair and reasonable and necessary for the protection of the legitimate business interests of the SharkNinja Companies. It is recognized that damages in the event of breach or threatened breach of the provisions of this Agreement by Employee would be difficult to ascertain, and it is therefore agreed that the SharkNinja Companies shall have the right to seek an injunction or other equitable relief in any court of competent jurisdiction, enjoining any such breach. The existence of this right shall not preclude any other rights and remedies at law or in equity which the SharkNinja Companies may have.

13.Fairness Extension. If Employee fails to comply with a restriction in Sections 4 through 6 of this Agreement that applies for a limited period of time after employment, the time period for that restriction will be extended by the greater of either: one day for each day Employee is found to have violated the restriction, or the length of the legal proceeding necessary to secure enforcement of the restriction; provided, however, this extension of time shall be capped so that the extension of time does not exceed two years from the date Employee’s employment with the SharkNinja Companies ended, and if this extension would make the restriction unenforceable under applicable law it will not be applied.

14.Attorneys’ Fees. If the SharkNinja Companies must pursue legal action to secure Employee’s compliance with this Agreement and prevails, Employee will pay all reasonable attorneys' fees, costs and expenses incurred by the SharkNinja Companies in enforcing this Agreement against Employee. The SharkNinja Companies shall be deemed the prevailing party if it is awarded any part of the legal or equitable relief it seeks, irrespective of whether some of the relief it seeks is denied or modified.

15.Absence of Conflicting Agreements and Obligations. The Employee represents and warrants that they are not a party to or bound by any other agreement or understanding of any type, whether written or oral, or by any statutory or common law duty or obligation which, in any case, would in any way restrict their ability to be employed by the SharkNinja Companies, or their ability to compete freely with other Persons in connection with the Business. During their employment by the SharkNinja Companies, Employee will not improperly use or disclose any confidential information or trade secrets, if any, of any former employer or any other person or entity to whom Employee has an obligation of confidentiality, and Employee will not bring onto the premises of the SharkNinja Companies any unpublished documents or any property belonging to any former employer or any other person or entity to whom they have an obligation of confidentiality unless consented to in writing by that former employer or person. Employee will use in the performance of their duties only information which is generally known and used by persons with training and experience comparable to Employee’s own, which is common knowledge in the industry or otherwise legally in the public domain, or which is otherwise provided or developed by the SharkNinja Companies.

16.Notification. Employee will provide any prospective employer Employee is considering an offer from with notice of this Agreement at least ten days before accepting such offer. The SharkNinja Companies may elect to provide another party notice of this Agreement and an opinion about its applicability. While Employee reserves the right to also communicate their disagreement with such an opinion, Employee recognizes the SharkNinja Companies’ legitimate business interest in expressing its opinion and consent to it doing so if it believes such is necessary. Employee will not assert any claim that such conduct is legally actionable interference or otherwise impermissible regardless of whether or not this Agreement is later found to be enforceable.


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18.Assignment. This Agreement and all rights hereunder are personal to Employee and may not be transferred or assigned by Employee at any time. SharkNinja Companies may assign its rights, together with its obligations hereunder, to any parent, subsidiary, affiliate or successor, or in connection with any sale, transfer or other disposition of all or substantially all of its business and assets, provided, however, that any such assignee assumes SharkNinja Companies’ obligations hereunder, and Employee irrevocably consents to such assignment.

19.Entire Agreement. This Agreement supersedes any other agreements, oral or written, and contains all of the agreements and understandings between the parties with respect to the subject matter hereof. However, should Employee be subject to an equity or incentive compensation agreement with SharkNinja Companies containing confidentiality, non-solicitation, noncompetition and/or invention assignment provisions, the restrictive covenants in this Agreement shall supplement (rather than supersede) the covenants in such equity or incentive compensation agreements (“Other Covenants”), and the Other Covenants shall remain in full force and effect. To the extent any conflict exists between the restrictions set forth in this Agreement and the Other Covenants, SharkNinja Companies shall be provided the greatest protection set forth in either agreement. Any modification of any term of this Agreement shall be effective only if set forth in a writing signed by both parties hereto or by court order. However, Employee acknowledges that the law may change over the course of their employment with the SharkNinja Companies; and accordingly, Employee recognizes that the SharkNinja Companies will have the right, through a written notice to the Employee, to rescind any restriction placed upon Employee or to reduce the boundaries of any restriction applicable to Employee (such as time, scope of activity, or geography) at any time as it deems necessary to make the restriction reasonable and enforceable under the applicable law, and if this occurs the Agreement will be interpreted and applied as if such reduction was in the Agreement as originally entered into by the parties.

20.Governing Law; Personal Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. Any dispute relating to or arising out of this Agreement shall be exclusively finally resolved by a state or federal court located in the county where Employee resides when last employed by the SharkNinja Companies or the business litigation session of the superior court in Suffolk County, Massachusetts and the parties to this Agreement hereby consent to personal jurisdiction therein.

22.Limitations; Protected Conduct. Section 3 shall not apply to Employee post-employment if Employee is: classified as non-exempt under the FLSA; 18 years or younger; or an undergraduate or graduate student in an internship or other short-term employment relationship while enrolled in college or graduate school. The restrictions contained in Sections 4 through 6 above are understood to be reasonably limited by geography to those locations, and counties, where the Covered Customers, Key Relationships and Covered Employees are present and available for solicitation. However, to the extent additional geographic limitations are required to make the restrictions enforceable, they shall be deemed limited to the Territory. Nothing herein is intended or to be construed as a prohibition against general advertising such as “help wanted” ads that are not targeted at the SharkNinja Companies’ employees. Further, notwithstanding any other provision of this Agreement, nothing in this Agreement prohibits Employee from (i) opposing an event or conduct that Employee reasonably believes is a violation of law, including criminal conduct, discrimination, harassment, retaliation or other unlawful employment practices or of a recognized clear mandate of public policy, (ii) disclosing sexual harassment or sexual assault, or (iii) reporting such an event or conduct to their attorney, law enforcement, or the relevant law-enforcement agency (such as the Securities and Exchange Commission, Equal Employment Opportunity Commission, the state division of human rights, or a local commission on human rights), or (iv) making any truthful statements or disclosures required by law or otherwise cooperating in an investigation conducted by any government agency (collectively referred to as “Protected Conduct”). Further, nothing requires notice to or approval from the SharkNinja Companies before engaging in such Protected Conduct. Protected Conduct includes the use of lawfully acquired information regarding the wages, benefits, or other terms and conditions of employment at the


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SharkNinja Companies for purposes protected by the National Labor Relations Act (NLRA) or another applicable law, unless the information is entrusted to Employee in confidence as part of essential job duties in a human resources or personnel management role or Employee is in a supervisor or management role excluded from the coverage of the NLRA. Nothing in this Agreement shall prohibit any non-management, non-supervisory employees from engaging in protected concerted activity under §7 of the NLRA or similar state law such as joining, assisting, or forming a union, bargaining, picketing, striking, or participating in other activity for mutual aid or protection, or refusing to do so; this includes using or disclosing information acquired through lawful means regarding wages, hours, benefits, or other terms and conditions of employment, except where the information was entrusted to the employee in confidence by the SharkNinja Companies as part of the employee’s job duties.

23.DTSA Notice. Protected Conduct may include a disclosure of trade secret information that complies with the restrictions in the Defend Trade Secrets Act of 2016 (DTSA). The DTSA provides that no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret that: (i) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (ii) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public. It also provides that an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except as permitted by court order.