Terms of Use

By using the MERCHMOJO’s services (the “Services”), including its website (the “Site”), a service of MerchMojo LLC. (“MERCHMOJO”, “We” or “us”), you (“you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. The Agreement is effective on July 16, 2024.

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1) IP. For designs / artwork we create or license from a third party, we are not transferring any rights to such designs to you. For any logos or art that the business provides to us in connection with the services herein, you retain ownership of such IP and instead provides a royalty free license for us to use such IP for the provision of Services during the Term.

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2) Term - 2 years, automatically renewable for successive terms unless  cancelled by the other party prior to 3 months prior to expiration.

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3) Services: We will create Merch related product designs for Partner, create and host an Official Merch Shop (the "Merch Shop") for Partner on MerchMojo.com and market such Merch Shop and associated products through online and offline means as we reasonably determine.  We will create a custom QR code for Partner which will route to the Merch Shop.  We will provide signage to Partner that includes the Partner's QR code and Merch imagery.  Partner shall agree to display signage in their establishment as they are reasonably able.  We will provide sample Merch to Partner who agrees to display sample Merch in their establishment as they are reasonably able.  Partner agrees to promote such Merch Shop as they reasonably see fit including linking to the Merch Shop from their own website and other print based marketing materials.

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4) Consideration, Payments and Reporting: Partner will NOT be required to make any out-of-pocket financial investment upon entering Agreement or during Term of Agreement.   MerchMojo shall pay Partner 60% of Net Revenue (the "ROYALTIES'') to Partner on a monthly basis assuming a $50 payout minimum threshold has been reached (any amounts due under $50 will roll over to the next period).  “Net Revenue” shall be defined as gross receipts collected by MERCHMOJO less any revenue share paid to third-party businesses in connection with such receipts, less actual refunds and discounts granted, less any third-party product, fulfillment, and shipping costs incurred, less any sales tax incurred, all in direct connection to such receipts.  In the event Partner requests that MERCHMOJO create original artwork for use in Partner Merch, MerchMojo will advance any investment associated with such artwork creation, and a One-Time Design fee of $100 shall be deducted in the calculation of Net Revenue.

MerchMojo shall provide detailed monthly Royalties reporting to Partner on a monthly basis for any month in which there are gross receipts collected by the Merch Shop (a “Reportable Month”).  Such reporting shall be sent via email or made available via other electronic means and shall be sent, along with corresponding payment when applicable, within 30 days of the end of each Reportable Month.

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5. Audit  (a) Audit shall have the right to audit the records of MERCHMOJO from time-to-time, not to exceed once annually, during the duration of this AGREEMENT and for one (1) year thereafter to determine the correctness of the royalties paid by MERCHMOJO to PARTNER under this AGREEMENT.