STICKY MONKEY LABELS FUNDRAISING MARKETING AGREEMENT

This Fundraising Agreement ("Agreement") is made between Sticky Monkey Labels, located in Little Rock, Arkansas 72211, and [Name], an authorized representative of [Organization Name] ("Affiliate"), acting on behalf of the fundraising organization in their capacity as the approved fundraiser coordinator, collectively referred to as the "Parties."

Our Fundraising Program is intended for Organizations to raise money and is not intended for individuals. Eligible Organizations include schools, daycare's, camps, sports teams, parent teacher organizations, and nonprofits.

THE PROGRAM

Upon approval Sticky Monkey Labels will provide the Administrator or Contact with a unique Code for your Organization that you can share with your Organization’s community, and Sticky Monkey Labels will track all orders placed using this unique code.

Participants must enter the code at checkout in the “Coupon/Gift Certificate” field and click “Apply”. A message will appear confirming the Code has been applied, giving the customer a one cent discount to show the Code is working. Your organization receives 20% of the customer’s order sub-total.

Customers can not combine any other promotion or coupon code with the fundraiser code. Only one code can be used at time of purchase. 

You may only provide the Code to Members of your Organization’s community.

To prevent coupon websites from obtaining your code, please do not post or share it online outside of your community (i.e. RetailMeNot). Your code may not be published or distributed on coupon sharing sites. Should the code be shared or leaked to a site outside of your community, the code will be deactivated and any sales Sticky Monkey Labels reasonably attributes to the improper use of such code will be deducted from the fundraising account. You will be given a new code and will have the option to continue participation.

You may use your code on the Organization’s community website, in community emails, printables/handouts, and the community’s social media such as Facebook. Customers can not be solicited from any Sticky Monkey Labels social media accounts.

Social media pages used for marketing your code must be labeled “________ loves Sticky Monkey Labels” (example, “ABC School loves Sticky Monkey Labels”) or “________ fundraiser with Sticky Monkey Labels” (example, “ABC School’s fundraiser with Sticky Monkey Labels” in order to avoid confusion with Sticky Monkey Labels official company pages.

CODE OF CONDUCT

An Administrator or Organization Member may not represent themselves as a Sticky Monkey Labels employee, reseller or representative of the company.

Orders must be placed directly by the customer using the Organizations Code at the time of purchase. An Administrator or any Members of the Organization may not collect an order or orders from a customer(s) and then place the order with Sticky Monkey Labels on behalf of the customer(s).

An Administrator or Members of the Organization may not, under any circumstance, accept or request payment for a Sticky Monkey Labels order in any form of payment.

An Administrator or Members of the Organization agree to comply with all laws that govern email marketing and anti-spam laws.

1. Enrollment in the Program

To enroll in the Sticky Monkey Labels fundraising program, the authorized representative must submit a completed application on behalf of the Affiliate organization. Acceptance is at the sole discretion of Sticky Monkey Labels. We reserve the right to reject any applicant for any reason.

2. Authorized Representative and Affiliate Responsibilities

The authorized representative and Affiliate organization agree to:

• Promote Sticky Monkey Labels in a professional, ethical, and lawful manner.
• Avoid false or misleading claims about the brand or products.
• Refrain from spam or deceptive advertising.
• Ensure fundraising links and discount codes are correctly implemented.
• Respect copyright laws and not use any copyrighted content (text, images, videos, etc.) without permission. Sticky Monkey Labels is not liable for any copyright infringement committed by the authorized representative or Affiliate organization.

3. FTC Compliance and Disclosure Requirements

The Federal Trade Commission (FTC) requires fundraising organizations to disclose when they receive compensation for promoting products.

• The authorized representative and Affiliate organization must clearly and conspicuously disclose their fundraising relationship on all platforms (e.g., newsletters, social media, flyers, emails).
• Example disclosures: "Our organization may earn a commission if you make a purchase through our fundraising link." "As a Sticky Monkey Labels fundraising partner, our organization earns from qualifying purchases."
• Failure to comply may result in termination from the program.

4. Commission and Payment

• The Affiliate organization earns a 20% commission on the order subtotal (excluding tax, shipping, and discounts).
• Commissions are paid quarterly by the 15th of the following month via PayPal or agreed-upon method to the authorized representative or designated organizational account.
• Returned Orders: If a referred order is returned for any reason, the commission for that order will be deducted from future payouts. If no payout is due, the Affiliate organization must reimburse the commission within 30 days.
• Reversal Policy: Commission may be reversed up to 100% at the discretion of Sticky Monkey Labels for:
• Fraudulent transactions
• Breach of fundraising terms

5. Confidentiality

The authorized representative and Affiliate organization agree to keep all proprietary information confidential, including customer data, business strategies, pricing, and marketing materials. This obligation continues both during and after the termination of this Agreement.

6. Term of Agreement and Termination

• This Agreement is effective upon acceptance into the program and remains in effect until terminated by either party.
• Either party may terminate the agreement at any time, for any reason, without notice.
• Sticky Monkey Labels reserves the right to terminate immediately without notice in serious cases (e.g., brand promotion on inappropriate platforms, fraud, copyright violations).
• In less severe breaches (e.g., improper promotional practices), Sticky Monkey Labels may issue a written warning to the authorized representative, allowing the Affiliate organization time to correct the issue. If not corrected, Sticky Monkey Labels may proceed with termination.
• Upon termination, the authorized representative and Affiliate organization must remove all fundraising links and branding materials.

7. Copyright Compliance

The authorized representative and Affiliate organization are responsible for ensuring all promotional content they use complies with copyright laws. Sticky Monkey Labels will not be liable for copyright claims against the authorized representative or Affiliate organization. The authorized representative and Affiliate organization agree to indemnify and hold harmless Sticky Monkey Labels for any claims, damages, or legal expenses resulting from copyright violations.

8. Disputes

In the event of a dispute:

• Parties agree to first attempt direct communication to resolve the issue.
• If unresolved, the matter will be referred to mediation.
• If mediation fails, either party may pursue legal action.
• Jurisdiction: This Agreement is governed by and will be interpreted in accordance with the laws of the State of Arkansas. All disputes shall be resolved in the courts of Pulaski County, Arkansas.

9. Liability and Indemnification

• Sticky Monkey Labels makes no warranties or guarantees, express or implied, regarding the fundraising program.
• The authorized representative and Affiliate organization agree to indemnify, defend, and hold harmless Sticky Monkey Labels from any and all claims, liabilities, damages, or legal actions arising from their marketing practices, including but not limited to:
• Copyright infringement
• False or misleading advertising
• FTC or regulatory noncompliance
• Promotion on restricted or inappropriate platforms
• Breach of contract
• This clause is intended to protect Sticky Monkey Labels against third-party claims, fines, or losses resulting from misconduct or negligence by the authorized representative or Affiliate organization.

10. Relationship of Parties

The Parties are independent contractors. Nothing in this Agreement shall be interpreted as creating a joint venture, partnership, or employer-employee relationship.

11. Modifications

Sticky Monkey Labels reserves the right to modify this Agreement at any time. Updates will be communicated via email to the authorized representative. Continued participation in the program constitutes acceptance of the updated terms.

12. Entire Agreement

This Agreement represents the entire understanding between the Parties. It supersedes all prior agreements and communications.

13. CONTACT INFORMATION

For questions, please contact us at href@@mailto:info@stickymonkeylabels.com@@_blank@@info@stickymonkeylabels.com@@href

By submitting the Fundraising Registration Form, the authorized representative agrees to all terms outlined in this Agreement on behalf of the Affiliate organization.