Partner Program Terms of Service

SECTION 1: DEFINITIONS

For purposes of these Terms, the following definitions apply:

"Mumbies," "we," "us," or "our" refers to Mumbies, Inc., a Delaware corporation operating at mumbies.com.

"Partner," "you," or "your" refers to any individual, business, or nonprofit organization enrolled in the Mumbies Partner Program.

"Partner Program" refers to the Mumbies commission-based referral program as described in these Terms.

"Terms" or "Agreement" refers to these Partner Program Terms of Service, as may be amended from time to time.

"Commission" refers to the percentage-based earnings paid to Partners on attributed customer purchases, calculated according to Section 4.

"Attribution" refers to the process of linking a customer to a Partner for purposes of commission calculation, as described in Section 6.

"Lead" refers to a potential customer who has provided their email address through a Partner's referral link or giveaway entry, subject to 90-day attribution window.

"Customer" refers to any person who makes a purchase on mumbies.com.

"Attributed Customer" refers to a customer linked to a Partner through attribution tracking, entitling Partner to earn commissions on that customer's purchases.

"Referral Link" or "Partner Link" refers to the unique tracking URL provided to each Partner for promoting Mumbies products.

"Partner Dashboard" refers to the password-protected web interface at mumbies.com where Partners manage their account, view commissions, and access Partner features.

"Mumbies Cash" refers to store credit issued as a payout option, credited as Shopify gift card, redeemable only on mumbies.com.

"Verified Nonprofit Partner" refers to a Partner who has completed 501(c)(3) verification by submitting EIN and determination letter, unlocking additional features including giveaways and gift incentives.

"Individual Partner" refers to a Partner who has not completed nonprofit verification, eligible for standard commission program only.

"Giveaway" refers to promotional contests created by Mumbies and made available to Verified Nonprofit Partners to activate and promote.

"Gift Incentive" refers to the feature allowing Verified Nonprofit Partners to send promotional offers ($5-$15 value) to Leads from their commission balance to encourage purchases.

"Order Subtotal" refers to the total value of products in a customer order before shipping, taxes, discounts, or other adjustments are applied.

"Payout Period" refers to the twice-monthly commission calculation and payment cycle (1st-15th and 16th-end of month).

"Hold Period" refers to the 30-day waiting period after customer order before commissions become available for payout.

"Minimum Payout Threshold" refers to the $25.00 minimum commission balance required before Partner may request payout.

"W-9" refers to IRS Form W-9 (Request for Taxpayer Identification Number and Certification) required before first payout.

"1099-NEC" refers to IRS Form 1099-NEC (Nonemployee Compensation) issued to Partners earning $600 or more annually.

"FTC" refers to the Federal Trade Commission and its regulations including the FTC Endorsement Guides (16 CFR Part 255).

"Material Connection" refers to the commission-based relationship between Partner and Mumbies that must be disclosed when promoting products.

"Official Rules" refers to the Mumbies Giveaway Official Rules governing all promotional contests.

"Effective Date" refers to the date Partner completes enrollment and agrees to these Terms.

SECTION 2: ELIGIBILITY AND ENROLLMENT

2.1 ELIGIBILITY REQUIREMENTS

To participate in the Mumbies Partner Program, you must:

• Be at least eighteen (18) years of age
• Be a legal resident of the United States
• Have a valid email address
• Have the legal capacity to enter into binding contracts
• Comply with all applicable federal, state, and local laws

2.2 WHO CAN BECOME A PARTNER

The Mumbies Partner Program is open to:

• Individuals: Pet owners, influencers, content creators, bloggers
• Businesses: Pet-related businesses, retail stores, service providers
• Nonprofit Organizations: Animal rescues, shelters, welfare organizations (501(c)(3) verification optional for enhanced features)

2.3 ENROLLMENT PROCESS

To enroll in the Partner Program:

1. Visit mumbies.com/partners
2. Click "Join as Partner"
3. Complete enrollment form with:
   • Full legal name
   • Email address
   • Password
   • How you plan to promote (optional)
4. Agree to these Terms of Service
5. Verify email address (click link sent to email)
6. Access Partner Dashboard and referral link immediately

2.4 NONPROFIT VERIFICATION (OPTIONAL)

501(c)(3) nonprofit organizations may complete verification to unlock enhanced features including giveaways and gift incentives.

Verification Requirements:

• Valid 501(c)(3) tax-exempt status
• IRS Employer Identification Number (EIN)
• IRS determination letter (proof of 501(c)(3) status)

Verification Process:

1. Log into Partner Dashboard
2. Navigate to Settings > Nonprofit Verification
3. Upload:
   • IRS 501(c)(3) determination letter (PDF)
   • EIN confirmation
4. Submit for review
5. Receive approval within 48 business hours

Verification Benefits:

• "Verified Nonprofit" badge on profile
• Giveaway activation and promotion
• Gift incentive offers to Leads
• Nonprofit referral program ($500 bonuses)
• Enhanced Partner Dashboard features

2.5 ACCOUNT VERIFICATION

All Partners must verify email address within seven (7) days of enrollment by clicking the verification link sent to registered email.

Failure to verify email within 7 days will result in account suspension until verification is completed.

Before receiving first payout, Partners must also complete:

• IRS Form W-9 (SSN or EIN required)
• Payout method setup (bank account or Mumbies Cash preference)

2.6 PROHIBITED PARTICIPANTS

The following individuals and entities are NOT eligible to participate:

• Mumbies employees and their immediate family members (spouse, children, parents, siblings)
• Non-US residents
• Individuals under 18 years of age
• Previously banned or terminated Partners
• Entities engaged in illegal or unethical activities
• Competitors of Mumbies (other pet product retailers)

2.7 ACCOUNT SUSPENSION AND TERMINATION

Mumbies reserves the right to suspend or terminate Partner accounts for:

• Fraudulent activity or misrepresentation
• Violation of these Terms
• Spam or harassment
• False advertising or misleading claims
• Failure to verify email within 7 days
• Failure to comply with FTC disclosure requirements
• Any activity that harms Mumbies or its customers

Suspended or terminated Partners forfeit all unpaid commissions and may not reapply without written permission from Mumbies.

SECTION 4: COMMISSION STRUCTURE

4.1 COMMISSION RATE

Partners earn a five percent (5%) commission on all purchases made by attributed customers.

Commission is calculated on the Order Subtotal, which is the total value of products in the customer's order before:

• Shipping costs
• Taxes
• Discounts or promotional codes
• Gift wrapping or other add-ons

4.2 ATTRIBUTION WINDOWS

Partners earn commissions on attributed customers through two attribution methods:

CLICK ATTRIBUTION (7-Day Cookie):

• Customer clicks Partner's referral link
• Browser cookie stored for 7 days
• Partner earns commission if customer purchases within 7 days

LEAD ATTRIBUTION (90-Day Window):

• Customer provides email through Partner's link (giveaway, signup, etc.)
• Email tracked as "Lead" for 90 days
• Partner earns commission if Lead makes first purchase within 90 days

See Section 6 for complete attribution rules and priority.

4.3 LIFETIME ATTRIBUTION (CURRENT TERMS)

Under current program terms, Partners earn commissions on ALL future purchases made by an attributed customer for the lifetime of that customer relationship.

How It Works:

1. Customer is attributed to Partner (via click or Lead)
2. Customer makes first purchase → Partner earns 5% commission
3. Customer makes second purchase (6 months later) → Partner earns 5% commission
4. Customer makes third purchase (1 year later) → Partner earns 5% commission
5. This continues indefinitely under current terms

4.4 PROGRAM MODIFICATIONS AND GRANDFATHERING

Mumbies reserves the right to modify commission structure, attribution windows, and program terms at any time with thirty (30) days written notice for material changes.

GRANDFATHERING POLICY:

If Mumbies modifies lifetime attribution or commission rates:

• Changes apply PROSPECTIVELY ONLY
• Partners enrolled before change date retain original terms for customers attributed before change date
• New customers attributed after change date subject to new terms

4.5 COMMISSION CALCULATION TIMING

Commissions are calculated at the time of customer order placement, but subject to thirty (30) day hold period before becoming available for payout.

Timeline:

1. Day 0: Customer places order → Commission calculated
2. Days 1-30: Hold period (allows for returns/cancellations)
3. Day 31: Commission becomes "Available" for payout
4. Next Payout Cycle: Commission paid if balance ≥ $25

4.6 COMMISSION EXCLUSIONS

Partners do NOT earn commissions on:

• Shipping Costs: Commission calculated on product subtotal only
• Taxes: Sales tax, VAT, or other government-imposed taxes
• Self-Purchases: Partner's own orders placed using referral link
• Employee Orders: Orders placed by Mumbies employees or their immediate family
• Fraudulent Orders: Orders flagged as fraud, chargebacks, or suspicious activity
• Cancelled Orders: Orders cancelled before fulfillment
• Returned Orders: Full returns result in commission reversal (see Section 4.7)
• Test Orders: Internal testing or demonstration orders

4.7 RETURNS, REFUNDS, AND COMMISSION REVERSALS

IF CUSTOMER RETURNS ORDER DURING 30-DAY HOLD PERIOD:

• Commission is voided and removed from Partner's pending balance
• No commission paid

IF CUSTOMER RETURNS ORDER AFTER COMMISSION PAID:

• Commission amount deducted from Partner's future earnings
• If Partner account has positive balance, deduction applied immediately
• If Partner account has $0 balance, negative balance carried forward
• Partner must repay negative balance before receiving future payouts

PARTIAL RETURNS:

• Commission adjusted proportionally based on returned items
• Example: $100 order with $5 commission → Customer returns $50 of products → $2.50 commission reversed

4.8 COMMISSION DISPUTES

If Partner believes commission calculation is incorrect, Partner must notify Mumbies within thirty (30) days of the transaction in question.

To dispute commission:

1. Email support@mumbies.com with:
   • Partner account email
   • Order number or customer email
   • Expected commission amount
   • Reason for dispute
2. Mumbies will investigate within 10 business days
3. Mumbies' decision on commission calculation is final

Disputes submitted after 30 days may not be honored.

SECTION 5: PAYOUTS AND PAYMENT PROCESSING

5.1 PAYOUT SCHEDULE

Commissions are paid twice per calendar month:

• First payout period: 1st-15th of the month
• Second payout period: 16th-end of month

Payout Processing Timeline:

• Commissions calculated at end of each payout period
• Payments processed within 5 business days
• Funds delivered based on selected payout method (1-3 days for ACH, instant for Mumbies Cash)

5.2 MINIMUM PAYOUT THRESHOLD

Minimum balance required to request payout: $25.00 USD

If commission balance is below $25.00 at end of payout period, balance carries forward to next payout period until threshold is reached.

No maximum payout limit.

5.3 COMMISSION HOLD PERIOD

All commissions are subject to a thirty (30) day hold period from the date of customer order to allow for:

• Order cancellations
• Product returns
• Refund requests
• Chargeback disputes

Commissions become available for payout after the 30-day hold period expires, provided the underlying order remains valid and paid.

If a customer returns products or cancels an order during the hold period, the associated commission will be voided and removed from Partner's balance.

If a return/refund occurs after commission has been paid out, the commission amount will be deducted from Partner's future earnings.

5.4 PAYOUT METHODS

Partners may choose from the following payout methods:

BANK TRANSFER (ACH - DIRECT DEPOSIT):

• Processing time: 1-3 business days after payout processing
• Requirements: Valid US bank account, routing number, account number, W-9 form
• Fees: Free for Partner
• Recommended method (fastest and most secure)

MUMBIES CASH (STORE CREDIT):

• Processing time: Instant
• Credited as Shopify gift card to Partner email
• 10% BONUS: $100 commission = $110 store credit
• Can be used immediately on Mumbies.com
• Non-transferable, no cash value
• Never expires

Partners select payout method in Partner Dashboard > Settings > Payout Preferences.

Payout method can be changed at any time, effective for next payout cycle.

Partners may split payouts:

• Example: $50 commission → $30 ACH + $20 Mumbies Cash (becomes $22 with bonus)
• Set split percentage in dashboard

5.5 TAX INFORMATION REQUIREMENTS

Before first payout, Partners must complete:

• IRS Form W-9 (Request for Taxpayer Identification Number)
• Provide SSN (individuals) or EIN (businesses/nonprofits)
• Confirm legal name and address

Partners will receive IRS Form 1099-NEC by January 31 if:

• Annual commissions equal or exceed $600.00 USD

Note: Mumbies Cash (store credit) is considered taxable income and included in 1099-NEC calculations at full cash value (before 10% bonus).

Partners are solely responsible for:

• Reporting commission income on tax returns
• Paying all applicable federal, state, and local taxes
• Estimated quarterly tax payments (if applicable)
• Self-employment taxes (if applicable)

Mumbies is NOT responsible for withholding taxes or making tax payments on Partner's behalf.

5.6 PAYOUT FAILURES

If ACH payout fails due to:

• Invalid bank account information
• Closed bank account
• Incorrect routing/account number

Mumbies will:

1. Notify Partner via email
2. Hold funds until Partner updates bank information
3. Retry payout in next payout cycle

After three (3) consecutive failed payout attempts:

• Funds will automatically convert to Mumbies Cash
• Partner will receive email notification
• Account settings will update to Mumbies Cash only

Partner may update bank information at any time to resume ACH payouts in future cycles.

5.7 PAYOUT PROCESSING FEES

All payout methods are FREE for Partners.

Mumbies absorbs all payment processing fees including:

• ACH transfer fees
• Payment processor fees

No deductions will be made from Partner commission balances for payout processing.

5.8 PAYOUT DISPUTES

Partners have thirty (30) days from payout date to dispute payout amount or report missing payment.

To dispute, email: support@mumbies.com with:

• Partner account email
• Payout period in question
• Expected vs actual payout amount
• Supporting documentation

Mumbies will investigate and respond within 10 business days.

5.9 COMMISSION ADJUSTMENTS

Mumbies reserves the right to adjust commission balances for:

• Customer returns processed after payout
• Chargebacks or fraudulent orders
• Duplicate commissions credited in error
• System errors or calculation mistakes

Negative adjustments will be deducted from future earnings.

If Partner account is closed with negative balance, Partner agrees to reimburse Mumbies upon request.

5.10 INACTIVE ACCOUNT POLICY

Accounts inactive for twelve (12) consecutive months:

• Definition: No attributed sales, no dashboard logins
• Unpaid commission balance below $25 may be forfeited
• Account may be archived or deleted
• Partner will be notified 30 days before forfeiture

To prevent forfeiture, Partner must:

• Log into dashboard at least once per 12 months, OR
• Generate at least one attributed sale per 12 months

Forfeited funds are not recoverable.

SECTION 6: ATTRIBUTION AND TRACKING

6.1 ATTRIBUTION OVERVIEW

Attribution is the process of linking a customer to a Partner for commission purposes.

Once attributed, Partner earns commissions on that customer's purchases according to program terms (currently lifetime attribution, subject to modification per Section 4.4).

6.2 ATTRIBUTION METHODS

Customers may be attributed to Partners through two primary methods:

CLICK ATTRIBUTION (7-Day Cookie):

• Customer clicks Partner's unique referral link
• Browser cookie stored for 7 days
• If customer makes purchase within 7 days, attributed to Partner
• Cookie-based attribution only (no cross-device tracking)

LEAD ATTRIBUTION (90-Day Window):

• Customer provides email address via Partner's link:
  • Giveaway entry
  • Newsletter signup
  • Account creation
  • Cart abandonment capture
• Email recorded as "Lead" in Partner's account
• If Lead makes purchase within 90 days, attributed to Partner
• Lead attribution overrides cookie attribution if both exist

6.3 ATTRIBUTION PRIORITY RULES

When multiple Partners could claim attribution on same customer, the following priority applies:

PRIORITY 1: Active Lead (Most Recent)

If customer email matches multiple Partners' Leads, attribution goes to Partner whose Lead is most recent and still within 90-day window.

PRIORITY 2: Active Cookie (Most Recent)

If no active Lead exists, attribution goes to Partner whose referral link was clicked most recently within 7-day window.

PRIORITY 3: First Attribution Wins

Once customer makes first purchase and is attributed to a Partner, that attribution becomes permanent (lifetime attribution under current terms).

Future referral links or Lead captures by other Partners do NOT override existing attribution.

Exception: If Mumbies modifies lifetime attribution policy per Section 4.4, new attribution rules will apply prospectively.

6.4 ATTRIBUTION WINDOWS

CLICK WINDOW:

• Duration: 7 days from click
• Tracked via browser cookie
• Does not persist across devices or browsers
• Cleared if user deletes cookies

LEAD WINDOW:

• Duration: 90 days from email capture
• Tracked via email address (device-independent)
• Persists across browsers and devices
• Countdown displayed in Partner Dashboard

LIFETIME ATTRIBUTION (Current Terms):

• Once customer makes first purchase, Partner earns on all future purchases by that customer indefinitely
• Subject to modification per Section 4.4 with grandfathering for existing attributions

6.5 ATTRIBUTION TRACKING TECHNOLOGY

Mumbies uses the following technologies to track attribution:

COOKIES:

• First-party browser cookies
• Store Partner ID and timestamp
• Duration: 7 days
• Subject to browser privacy settings
• May be blocked by ad blockers or privacy extensions

EMAIL MATCHING:

• Customer email address captured and hashed
• Matched against Partner's Lead database
• Case-insensitive matching
• Handles variations (e.g., gmail+tag@gmail.com)

URL PARAMETERS:

• Referral links include unique Partner identifier
• Format: ?ref=[partner-username]
• May include additional tracking parameters
• Parameters logged but not required for attribution

PARTNER DASHBOARD:

• Real-time attribution data
• Attributed customers list
• Lead status and expiration dates
• Commission history by customer

6.6 WHAT TRIGGERS ATTRIBUTION

Attribution occurs when:

• ✓ Customer clicks Partner referral link AND makes purchase within 7 days
• ✓ Customer provides email via Partner link AND makes purchase within 90 days
• ✓ Customer enters Partner's giveaway AND makes purchase within 90 days
• ✓ Customer uses Partner's customer referral code AND completes first purchase ($5/$5 bonus triggered)

6.7 WHAT DOES NOT TRIGGER ATTRIBUTION

Attribution does NOT occur when:

• ✗ Customer clicks referral link but cookie expires (>7 days)
• ✗ Customer provides email but doesn't purchase within 90 days
• ✗ Customer deletes cookies before purchase
• ✗ Customer uses different email address than captured Lead
• ✗ Customer already attributed to another Partner
• ✗ Purchase is Partner's own order (self-referral prohibited)
• ✗ Purchase is fraudulent or violates Terms

6.8 SELF-REFERRAL PROHIBITION

Partners may NOT:

• Place orders using their own referral link
• Earn commissions on personal purchases
• Create multiple accounts to refer themselves
• Refer immediate family members for commission purposes (spouse, children, parents) unless genuine customer

Exception: If Partner is genuine customer who discovered Mumbies independently and legitimately became customer before joining Partner Program, existing purchases are not retroactively commissioned.

Violation of self-referral prohibition results in:

• Commission forfeiture
• Account suspension
• Termination of Partnership
• Legal action if fraud is egregious

6.9 ATTRIBUTION DATA ACCESS

Partners may view attribution data in Partner Dashboard:

ATTRIBUTED CUSTOMERS TAB:

• List of all attributed customers
• Customer email (partially masked: j***@gmail.com)
• Attribution date
• Attribution source (click, giveaway, referral)
• Lifetime order count
• Lifetime order value
• Total commissions earned from customer

LEADS TAB:

• List of all captured Leads
• Lead email
• Capture date
• Days remaining in 90-day window
• Lead source
• Conversion status (converted to customer or still pending)

Partners DO NOT receive:

• Customer names (beyond email)
• Customer shipping addresses
• Customer phone numbers
• Customer payment information
• Detailed order contents (only order totals)

Privacy protections comply with applicable data protection laws.

6.10 ATTRIBUTION DISPUTES

If Partner believes attribution is incorrect:

1. Email support@mumbies.com with:
   • Partner account email
   • Customer email in question
   • Evidence of referral (screenshot, link share, etc.)
   • Order number if available
2. Mumbies will investigate within 10 business days
3. Mumbies decision on attribution is final

Common attribution issues:

• Customer used different email than Lead
• Cookie was deleted before purchase
• Multiple Partners referred same customer (first attribution wins)
• Purchase was outside attribution window

To prevent disputes:

• Encourage customers to use same email for entry and purchase
• Remind customers to complete purchase within 7-90 days
• Track Lead status in dashboard and send gift incentives before expiration

6.11 ATTRIBUTION MODIFICATIONS

Mumbies reserves the right to modify attribution rules including:

• Cookie duration (currently 7 days)
• Lead window (currently 90 days)
• Lifetime attribution (currently offered)
• Priority rules
• Tracking technologies

Changes to attribution rules will be announced with 30 days notice for material changes per Section 13.1.

Existing attributions at time of change will be grandfathered per Section 4.4.

SECTION 8: PARTNER OBLIGATIONS

8.1 FTC DISCLOSURE REQUIREMENTS

Partners MUST disclose their material connection with Mumbies when promoting products or referral links.

Disclosure must be:

• Clear and conspicuous
• Placed BEFORE affiliate link (not buried in caption)
• Easy to understand (plain language)
• Visible without clicking "more" or scrolling

ACCEPTABLE DISCLOSURE EXAMPLES:

Social Media Posts:

• "I earn a commission when you shop through my link #ad"
• "Mumbies Partner - I earn from qualifying purchases"
• "This is an affiliate link - I may earn a commission"

Blog Posts:

• "This post contains affiliate links. I earn a commission at no extra cost to you when you purchase through these links."

Email Marketing:

• "As a Mumbies Partner, I earn commissions on purchases made through my referral links."

Video Content:

• Verbal disclosure at beginning: "This video contains affiliate links. I earn a commission if you shop through my links."

Partners are responsible for compliance with:

• FTC Endorsement Guides (16 CFR Part 255)
• State-specific disclosure laws
• Platform-specific guidelines (Instagram, TikTok, YouTube)

Failure to disclose material connection may result in:

• Warning from Mumbies
• Suspension of Partner account
• Termination of Partnership
• FTC enforcement action (Partner's responsibility)

8.2 CONTENT STANDARDS

Partners promoting Mumbies products MUST:

• Provide honest, accurate information
• Base claims on personal experience or product specifications
• Not make false or misleading health claims
• Not guarantee results
• Respect intellectual property rights
• Comply with platform terms of service

Partners promoting Mumbies products CANNOT:

• Make false or exaggerated claims about products
• Claim products cure, treat, or prevent diseases (unless FDA-approved)
• Use before/after photos without permission
• Impersonate Mumbies or claim official partnership beyond affiliate
• Create fake reviews or testimonials
• Mislead customers about pricing or availability

8.3 TRADEMARK AND BRAND USAGE

Partners MAY:

• Use "Mumbies Partner" in social media bio/description
• Share Mumbies logos provided in Partner Dashboard
• Share product images from Mumbies.com
• Mention Mumbies brand in promotional content

Partners CANNOT:

• Register domain names containing "Mumbies"
• Use Mumbies trademarks in paid search ads (Google, Bing)
• Modify or alter Mumbies logos
• Create derivative works using Mumbies branding
• Imply endorsement or official partnership beyond affiliate status
• Use Mumbies trademarks in misleading ways

All Mumbies trademarks, logos, and brand assets remain the exclusive property of Mumbies, Inc.

License to use Mumbies brand assets is non-exclusive, non-transferable, and revocable at any time.

8.4 PROHIBITED MARKETING PRACTICES

Partners are strictly prohibited from:

PAID SEARCH VIOLATIONS:

• Bidding on "Mumbies," "Mumbies.com," or misspellings in Google Ads, Bing Ads, or other PPC platforms
• Using Mumbies trademarks in ad copy without permission

SPAM AND UNSOLICITED CONTACT:

• Sending unsolicited commercial emails (must comply with CAN-SPAM)
• Posting spam comments on blogs, forums, or social media
• Automated direct messaging on social platforms

TRACKING MANIPULATION:

• Cookie stuffing (forcing cookies without user click)
• URL hijacking or redirecting
• Pop-ups/pop-unders that set cookies without consent
• Iframe loading of Mumbies.com
• Toolbar/extension auto-redirects

SELF-DEALING:

• Placing orders for themselves to earn commissions
• Using referral links for personal purchases
• Referring family members for commission (unless genuine customer)
• Creating multiple accounts to game system

FRAUDULENT ACTIVITY:

• Creating fake accounts or bots to generate clicks
• Manipulating analytics or reporting
• Using stolen credit cards or payment fraud
• Impersonating other Partners

CONTENT VIOLATIONS:

• Creating fake review sites
• Generating negative SEO against Mumbies or competitors
• Cybersquatting on Mumbies-related domains
• Creating misleading comparison sites

8.5 COMPLIANCE WITH LAWS AND REGULATIONS

Partners must comply with all applicable laws including:

• FTC Act and Endorsement Guides
• CAN-SPAM Act (email marketing)
• TCPA (telephone/text marketing)
• State consumer protection laws
• Privacy laws (CCPA, GDPR if applicable)
• Platform terms of service (Instagram, TikTok, Facebook, etc.)

Partners are solely responsible for legal compliance.

Mumbies is not liable for Partner's legal violations.

8.6 DATA PRIVACY AND LEAD USAGE

Partners who collect email addresses through giveaway entries or lead generation:

MAY:

• Download lead emails from Partner Dashboard
• Add leads to their own email list/CRM
• Email leads about their organization's mission
• Promote Mumbies products to leads

MUST:

• Comply with CAN-SPAM Act (unsubscribe link, physical address)
• Honor opt-out requests immediately
• Secure email data appropriately
• Use emails only for animal welfare purposes

CANNOT:

• Sell or share email lists with third parties
• Use emails for unrelated commercial purposes
• Spam leads with excessive emails
• Share lead data with non-animal-welfare organizations

Violation of data privacy rules may result in:

• Immediate suspension of giveaway access
• Termination of Partnership
• Forfeiture of commissions
• Legal action

SECTION 9: INTELLECTUAL PROPERTY

9.1 PARTNER CONTENT LICENSE

By participating in the Partner Program, Partner grants Mumbies a non-exclusive, worldwide, royalty-free license to:

• Use Partner's name, logo, and organization name
• Display Partner in "Our Partners" directory on Mumbies.com
• Share Partner's promotional content (social posts, videos, etc.)
• Feature Partner testimonials in marketing materials
• Include Partner in case studies or press releases

This license includes the right to:

• Reproduce, distribute, and display Partner content
• Modify or edit content for formatting purposes
• Sublicense to third parties (media, affiliates)

Partner retains all ownership rights to their original content.

Mumbies will provide attribution when using Partner content.

Partner may revoke this license by:

• Terminating Partnership
• Requesting removal via support@mumbies.com
• Mumbies will remove within 30 days of request

9.2 MUMBIES INTELLECTUAL PROPERTY

All Mumbies trademarks, logos, product images, website content, and marketing materials remain the exclusive property of Mumbies, Inc.

Partner receives limited, non-exclusive, non-transferable license to use Mumbies brand assets solely for promoting Mumbies products through the Partner Program.

This license:

• Is revocable at any time
• Terminates upon Partnership termination
• Does not grant ownership or exclusive rights
• Cannot be sublicensed or transferred

Upon termination, Partner must:

• Cease all use of Mumbies trademarks
• Remove Mumbies logos from websites/social media
• Stop representing as Mumbies Partner

9.3 PROHIBITED INTELLECTUAL PROPERTY USES

Partner may not:

• Register trademarks containing "Mumbies"
• Register domain names containing "Mumbies"
• File for copyright of Mumbies-derived works
• Create derivative products using Mumbies branding
• Use Mumbies IP for non-Partner-Program purposes

SECTION 10: LIABILITY AND INDEMNIFICATION

10.1 LIMITATION OF LIABILITY

MAXIMUM LIABILITY:

Mumbies' total liability to Partner for any claims arising from the Partner Program shall not exceed FIVE HUNDRED DOLLARS ($500.00 USD).

This limitation applies to:

• Breach of contract
• Commission disputes
• Technical failures
• Account suspension or termination
• Any other claim or cause of action

10.2 DISCLAIMER OF WARRANTIES

THE PARTNER PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Mumbies disclaims all warranties including:

• Merchantability
• Fitness for particular purpose
• Non-infringement
• Uninterrupted or error-free service
• Accuracy of commission calculations
• Availability of products or website

Mumbies does not guarantee:

• Specific earnings or income levels
• Customer conversion rates
• Traffic or sales volume
• Approval of Partner applications
• Continued availability of Partner Program

10.3 EXCLUSION OF DAMAGES

Mumbies is not liable for:

• Lost profits or revenue
• Lost business opportunities
• Indirect, incidental, or consequential damages
• Punitive damages
• Loss of data or goodwill
• Cost of substitute services

Even if Mumbies has been advised of possibility of such damages.

10.4 PARTNER INDEMNIFICATION

Partner agrees to indemnify, defend, and hold harmless Mumbies, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Partner's breach of these Terms
• Partner's violation of any law or regulation
• Partner's false or misleading promotional content
• Partner's violation of FTC disclosure requirements
• Partner's infringement of third-party rights
• Partner's violation of platform terms of service
• Partner's data privacy violations
• Partner's fraudulent or prohibited activities

This indemnification obligation survives termination of Partnership.

10.5 THIRD-PARTY CLAIMS

Mumbies is not responsible for:

• Partner disputes with customers
• Partner disputes with social media platforms
• Partner disputes with email service providers
• Partner disputes with payment processors
• Partner disputes with other Partners

Partner must resolve third-party disputes independently.

10.6 FORCE MAJEURE

Mumbies is not liable for failure to perform obligations due to events beyond reasonable control including:

• Natural disasters
• Acts of God
• War or terrorism
• Government actions or restrictions
• Internet or telecommunications failures
• Cyber attacks or data breaches
• Pandemics or public health emergencies
• Labor strikes or disputes

SECTION 11: TERM AND TERMINATION

11.1 TERM

Partnership begins when Partner completes enrollment and agrees to these Terms.

Partnership continues until terminated by either party.

11.2 TERMINATION BY PARTNER

Partner may terminate at any time by:

• Clicking "Close Account" in Partner Dashboard, OR
• Emailing support@mumbies.com

No notice period required.

Upon termination:

• Partner loses access to Partner Dashboard
• Referral links become inactive immediately
• Unpaid commissions above $25 will be paid in next payout cycle
• Commissions below $25 may be forfeited
• Attribution on existing customers continues for 90 days (grace period)

11.3 TERMINATION BY MUMBIES

Mumbies may terminate Partnership:

IMMEDIATELY (For Cause):

• Fraud or fraudulent activity
• Violation of prohibited marketing practices
• Spam or harassment
• False or misleading content
• Self-dealing or commission manipulation
• Data privacy violations
• Violation of these Terms

WITH 30 DAYS NOTICE (Without Cause):

• Mumbies may terminate any Partnership for any reason with 30 days written notice

11.4 EFFECT OF TERMINATION

Upon termination:

IMMEDIATE EFFECTS:

• Partner Dashboard access revoked
• Referral links deactivated
• "Mumbies Partner" status removed
• Giveaway access (if applicable) revoked
• License to use Mumbies IP terminated

COMMISSION TREATMENT:

• 90-day grace period: Partner continues earning on customers attributed before termination for 90 days after termination date
• After 90 days: Attribution ends, Partner no longer earns on those customers
• Unpaid commissions above $25 will be paid
• Commissions below $25 may be forfeited
• Commissions earned from fraudulent activity are forfeited

CONTENT REMOVAL:

• Partner must remove all Mumbies branding within 30 days
• Partner must cease representing as Mumbies Partner
• Partner may not use Mumbies trademarks after termination

SURVIVAL:

The following sections survive termination:

• Section 10 (Liability and Indemnification)
• Section 12 (Dispute Resolution)
• Section 13 (General Provisions)

11.5 REAPPLICATION AFTER TERMINATION

Partners who voluntarily terminate may reapply at any time.

Partners terminated for cause may not reapply without written permission from Mumbies.

Reapplication does not guarantee approval.

Previous customer attributions do not transfer to new account.

SECTION 12: DISPUTE RESOLUTION

12.1 GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

12.2 VENUE AND JURISDICTION

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Milwaukee County, Wisconsin.

Partner consents to personal jurisdiction in Wisconsin courts.

12.3 NO CLASS ACTIONS

Partner agrees to bring claims individually and not as part of a class action, consolidated action, or representative proceeding.

Partner waives the right to participate in class actions against Mumbies.

12.4 NO ARBITRATION

Disputes will be resolved in court, not through arbitration.

12.5 ATTORNEY FEES

In any legal proceeding, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

12.6 INFORMAL DISPUTE RESOLUTION

Before filing any legal claim, Partner agrees to attempt informal resolution by:

1. Emailing detailed complaint to: support@mumbies.com
2. Allowing Mumbies 30 days to investigate and respond
3. Participating in good faith settlement discussions

Failure to attempt informal resolution may result in dismissal of legal claim.

SECTION 13: GENERAL PROVISIONS

13.1 MODIFICATIONS TO TERMS

Mumbies reserves the right to modify these Terms at any time.

MATERIAL CHANGES:

• Changes affecting commission rates, payout terms, or eligibility
• Partner will receive 30 days written notice via email
• Continued participation after 30 days constitutes acceptance
• Partner may terminate if they do not agree to changes

MINOR CHANGES:

• Clarifications, formatting, or non-substantive updates
• Effective immediately upon posting
• Partner responsible for reviewing Terms periodically

Last updated date displayed at top of Terms.

13.2 ENTIRE AGREEMENT

These Terms constitute the entire agreement between Partner and Mumbies regarding the Partner Program.

These Terms supersede all prior:

• Oral or written agreements
• Proposals or negotiations
• Representations or understandings

13.3 SEVERABILITY

If any provision of these Terms is found invalid or unenforceable:

• That provision will be modified to reflect parties' intent
• Remaining provisions remain in full force and effect

13.4 WAIVER

Mumbies' failure to enforce any provision does not constitute waiver of that provision or any other provision.

No waiver is effective unless in writing and signed by Mumbies.

13.5 ASSIGNMENT

Partner may not assign or transfer Partnership without Mumbies' written consent.

Mumbies may assign or transfer these Terms to:

• Affiliated companies
• Successor entities (merger, acquisition)
• Third-party service providers

Assignment does not relieve Mumbies of obligations under these Terms.

13.6 INDEPENDENT CONTRACTOR

Partner is an independent contractor, not an employee, agent, or partner of Mumbies.

Partner has no authority to:

• Bind Mumbies to contracts
• Make commitments on Mumbies' behalf
• Represent Mumbies beyond affiliate relationship

Partner is responsible for:

• Own taxes (income, self-employment)
• Own business expenses
• Own insurance
• Own legal compliance

13.7 NO THIRD-PARTY BENEFICIARIES

These Terms do not create rights for any third parties.

Only Partner and Mumbies may enforce these Terms.

13.8 NOTICES

All notices must be sent to:

PARTNER NOTICES TO MUMBIES:

Email: support@mumbies.com
Mail: Mumbies, Inc.
9924 Monarch Dr, Unit 5202
Franklin, WI 53132

MUMBIES NOTICES TO PARTNER:

Email: Partner's registered email address
Partner responsible for keeping email current in account settings.

Notices are effective:

• Email: Upon sending
• Mail: 3 business days after mailing

13.9 HEADINGS

Section headings are for convenience only and do not affect interpretation of these Terms.

13.10 CONTACT INFORMATION

Questions about Partner Program or these Terms:

Email: support@mumbies.com
Partner Dashboard: Help & Support section
Website: mumbies.com/partners