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Sticker Mule Stores Program Terms and Conditions

Dated: August 2024

PLEASE READ THE FOLLOWING STICKER MULE STORES PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN STICKER MULE’S STORES PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL THE STORES PROGRAM TERMS AND CONDITIONS.

OVERVIEW:

In accordance with these Sticker Mule Stores Program terms and conditions (“Terms”), Sticker Mule, LLC (“Sticker Mule”, “we”, “us”, “our”) is offering you (“you”, “your”, “Seller”) the opportunity to participate in the Sticker Mule Stores Program (the “Program”), offered on the website https://www.stickermule.com/stores and https://www.stickermule.com/legal/stores (the “Website”), which allows you to earn profits (“Profit Payments”) by selling products through your store on the Website (“Store”). A user of the Website who sells products via their Store is a “Seller” and a user who is a Seller’s customer or prospective customer is a “Buyer.” The Program includes, but is not limited to, Sticker Mule’s facilitation of the following: web hosting of Stores, customer service interactions between and/or on behalf of Sellers and Buyers, payment processing by third parties, Sellers’ marketing and promotion of their Stores, manufacturing and distribution of Sellers’ products by Sticker Mule, and disbursement of Profit Payments to Sellers.

By participating in the Program, you acknowledge that you are bound by, and agree to, the Terms, as well as the additional terms, conditions and policies incorporated by reference herein and available by hyperlink, including but not limited to, Sticker Mule’s Website Terms and Conditions, Community Guidelines, and Privacy Policy.

You can review the current version of the Terms at any time on this Website. The Terms set forth how the Program works, Store Rules, Restrictions, and what Profit Payments you may be able to receive by making a valid sale. Sticker Mule reserves the right to update, change, replace and/or terminate any part and/or all of the Program or Terms at any time and for any reason. Prior versions of the Terms will be made available for your reference upon request.

No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

We are offering this Program to you in conjunction with our Commissions Program. While you are not required to take advantage of both programs, we encourage you to do so, as you can make commissions and Profit Payments on the same order (ex: when a Buyer is a New Customer and buys a product with a Markup (defined below) from your Store).

1. BINDING AGREEMENT:

By participating in the Program, you are bound by these Terms and indicate your agreement to them. The Program is administered by Sticker Mule. All of Sticker Mule’s decisions with respect to the Program are final and binding.

2. YOUR DATA PRIVACY; NO FINANCIAL INCENTIVE FOR USE OF YOUR PERSONAL INFORMATION:

The personal information collected, processed and used as part of the Program will be used in accordance with Sticker Mule’s Privacy Policy. If you would like to participate in the Program, Sticker Mule needs to collect your personal information in order to communicate with you, fulfill the orders made by Buyers who purchase products through your Store, make Profit Payments, and to perform related tasks in connection with the administration of the Program. Please note that Sticker Mule does not provide any financial incentives to you for the collection, retention, or sharing of personal information. You can also opt out from participation in the Program and ask us to delete your personal information at any time by following the instructions in our Privacy Policy.

By participating in the Program, you agree to receive certain electronic communications from Sticker Mule, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that Sticker Mule sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. HOW THE PROGRAM WORKS
  1. Program Participation, Generally:
    1. To participate in the Program, Seller should visit the Website and follow the on-screen instructions to sign up for the Program.
    2. As long as the Seller fully complies with these Terms, such Seller is eligible to earn Profit Payments as set forth below.
    3. Sticker Mule will not communicate or collect personal information on a Buyer unless and until such Buyer sign(s) up to receive communications from Sticker Mule, interacts with Sticker Mule’s website, or makes a purchase from a Store.
    4. A Seller is prohibited from providing any personal information of a Buyer to Sticker Mule directly.
  2. Seller Eligibility: To be eligible as a Seller that earns Profit Payments under the Program, you must:
    1. Create a user account or have an existing account on the Website and verify your identity through the Website. All information provided by a Seller to verify their identity must be correct and current. NO PURCHASE IS NECESSARY.;
    2. Be a legal resident of a participating country; and
    3. Be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside, and otherwise be legally capable to agree to and be bound by the Terms.
    4. Sticker Mule reserves the right to disqualify any Seller from participation in the Program at any time at our sole discretion, including without limitation if Seller does not comply with any of these Terms or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any Endorsement Guide disclosures as required by the Federal Trade Commission or otherwise required by Sticker Mule).
  3. Store Rules, Generally:
    1. STORE AND PRODUCT LINKS: Upon joining the Website, each Seller has access to a link and code unique specific to their Store (“Store Link”), which is made available via Seller’s account on the Website. Further, upon adding a product to a Store, each Seller has access to a link and code specific to that product (“Product Link”, and collectively with the Store Link, the “Links”). Seller is solely responsible for ensuring that the Links are set up correctly when being used. Sticker Mule is not responsible for a Seller failing to receive any Profit Payments due to incorrect formatting or configuration of the Links by Seller. While Seller may use the Links via any suitable form of communication to direct Buyers to their Store, specific products, and the Website, Seller may not use any means to create the impression that Seller’s communications/social media/website/platform are ours, including without limitation, framing our Website in any manner.
    2. LISTING NEW PRODUCTS: Each product a Seller intends to sell via the Program must be added into the Seller’s Store. Before a product can be added to your Store, a valid design and/or template for that product must already exist in your account. Seller must title each product (no two products should have the same name) and designate a markup percentage (“Markup”). Before a product will appear in your Store, you must also save the listing and confirm it should be posted to your Store.
    3. EXISTING PRODUCTS: Seller may modify certain aspects of and/or remove an existing product from their Store at any time, but Sticker Mule will fulfill any orders accordingly that were completed prior to such modification/removal.
    4. RETAIL PRICE: The retail price charged to Buyers who purchase products from your Store (“Sale Proceeds”) is comprised of any manufacturing and/or hosting fees charged by Sticker Mule (these fees are referred to collectively, and inclusive of tax, as the “Base Amount”), the Markup, and any relevant sales tax (such as sales tax, GST, VAT, etc) that Sticker Mule and/or Seller (as the case may be) are liable to account for to the appropriate tax authorities. The Sale Proceeds may also be affected by Store discounts and shipping fees selected by a Buyer (e.g., expedited shipping).
    5. MARKUPS: When making each individual product available for sale on your Store, you are able to select any Markup you wish greater than or equal to zero percent above the Base Amount, but below the automated upper limit (subject to change from time to time). The Markup you designate for each product is used to calculate what Profit Payments you may be entitled to receive for each sale. You may change the Markup for a product at any time and set a different Markup for different products. However, the Sales Proceeds will not change on an individual sale after a Buyer has submitted an order. Any Profit Payments a Seller is entitled to for a sale will be calculated using the Markup in effect at the time that sale was completed.
  4. Profit Payments: Profit Payments may be earned as follows:
    1. Seller will earn Profit Payments for the sale of each product listed in their Store as determined by the Markup and the quantity of products purchased. Higher quantity orders will increase a Seller’s Profit Payments. The estimated Profit Payments for each product listed in a Store will be displayed to the Seller prior to the Seller saving a product listing. There are no limits on the number of Profit Payments you can earn.
    2. Sticker Mule offers free shipping on all orders. For the purposes of calculating Profit Payments, Sticker Mule’s costs of shipping and handling will be subtracted from the value of the sale(s) calculation. As such, Profit Payments that can be earned for products shipped to far away destinations may be lower due to the increased costs of shipment.
    3. Profit Payments will be awarded to Seller effective no later than sixty (60) days after the expiration of the returns period on the order(s) made by the Buyer.
    4. Profit Payments will be paid on a monthly basis into Seller’s PayPal account. If a Seller does not already have a PayPal account before joining the Program, the Seller must visit www.paypal.com to create one; creating a PayPal account is free. Seller must also link their PayPal account to their Sticker Mule account.
    5. NOTE ABOUT PAYPAL: Sticker Mule is in no way affiliated with PayPal and Sticker Mule is not responsible for any changes to, or the unavailability of, any PayPal service that may interfere with the Program (including any limitations, restrictions, or conditions on Seller’s ability to use PayPal to receive Profit Payments) or Seller’s ability to log into PayPal, receive notices from or communicate with Sticker Mule through PayPal. It is a Seller’s responsibility to configure his/her PayPal account as appropriate to comply with the Program Terms, accept communications from Sticker Mule, and make appropriate arrangements to allow Profit Payments to be delivered. It is also a Seller’s responsibility to timely check his or her PayPal account for direct messages from Sticker Mule regarding the Program.
  5. Restrictions:
    1. No Profit Payments will be earned by Seller if Seller’s account is not in good standing, Seller is determined to be in breach of any of the Terms, and/or complaints are made regarding the Seller’s conduct in relation to spam or other inappropriate or suspicious activities.
    2. Purchases made by Buyer(s) using any other promotion(s) may not qualify for Profit Payments.
    3. Orders returned by Buyer(s) will not qualify for Profit Payments.
    4. A Seller cannot buy products from themselves or create multiple, fictitious, or fake accounts with Sticker Mule in order to participate in the Program as a Buyer.
    5. Any Profit Payments earned are personal to Seller and may not be sold, transferred, assigned to, or shared with, any third parties.
    6. All Profit Payments remain the property of Sticker Mule unless and until paid to Seller.
    7. Sticker Mule will not be liable for any loss suffered by you if you provide us with incorrect or incomplete details in relation to the payment of Profit Payments, including an incorrect or incomplete PayPal account. If you cannot be paid because your PayPal account is not correctly configured, or you have given us incorrect information or your information is out of date, your Profit Payments may be delayed, withheld, or donated to a charity of our choice, subject to applicable law.
    8. We may set payment amount thresholds in relation to a month or other time period and, where the Profit Payments do not exceed any applicable threshold for the relevant period, your Profit Payments may be postponed until the threshold is exceeded.
    9. Seller agrees not to use the Program to: (1) violate any laws; (2) stalk, harass, or harm any individuals, entities or property, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program; (3) collect or store personal data about Buyer(s); (4) impersonate any person or otherwise misrepresent Seller’s identity and relationship with Sticker Mule; (5) impede another Seller’s use of the Program; (6) attempt to gain unauthorized access to the Program or another Seller’s Links, Store, computer systems, or networks connected to the Program; (7) transmit any file that contains contaminating or destructive features (e.g., viruses, worms, trojan horses, etc.); (8) conduct or solicit the performance of any illegal activities; (9) tamper with the Program; (10) act in an unfair or disruptive manner; or (11) use any system, bot or other device or artifice to participate or receive any benefit in the Program. Seller understands and agrees the restrictive or prohibitive list in this section are not exhaustive. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE AND/OR PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, STICKER MULE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
    10. In the event that a Seller engages with the Program in violation of the Terms, Sticker Mule’s Terms and Conditions, Community Guidelines, or Privacy Policy, Sticker Mule reserves the right to cancel, change, or suspend the Program and/or prohibit any Seller from participating in any aspect of the Program, including making Profit Payments unavailable.
    11. Sticker Mule shall possess sole authority and discretion in determining cases related to suspected abuse, fraud, or breach of the Terms, and/or Sticker Mule’s Terms and Conditions, Community Guidelines, or Privacy Policy.
4. SELLER’S REPRESENTATIONS:
  1. Seller authorizes Sticker Mule to collect, hold, and distribute the Sale Proceeds from Buyer on the terms set out herein. You authorize Sticker Mule to deduct the Base Amount from the Sale Proceeds before distributing your Profit Payments (which will include tax where applicable).
  2. Seller hereby instructs Sticker Mule to facilitate the sale of Seller’s products through the Website, which includes facilitating payment processing and arranging for manufacturing of the products listed in your Store, and Sticker Mule will facilitate such payment and manufacturing in accordance with reasonable business practices.
  3. Seller agrees to comply with all applicable laws, ordinances, rules, regulations, orders, licensing and registration requirements, or other requirements of any governmental authority with jurisdiction over Seller, and the Terms, including, but not limited to, all federal, state, or other applicable laws governing:
    • marketing and affiliate marketing email, communications, and services including, but not limited to, the CAN-SPAM Act of 2003 and other anti-spam laws;
    • data privacy and security regulation including, but not limited to, the General Data Protection Regulation EU 2016/679 (“GDPR”) and other data protection laws; and
    • anti-bribery and anti-corruption laws including, but not limited to, the US Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act (the “UK Act”), the Singapore Prevention of Corruption Act (“PCA”), the Mexico General Law on the National Anti-Corruption System (“GLAR”), the Canadian Corruption of Foreign Officials Act (“CFPOA”), and all other applicable anti-corruption and anti-bribery laws.
  4. To participate in the Program, Seller may submit personal information about themselves. The personal information will be collected and used in accordance with Sticker Mule’s Privacy Policy. Sticker Mule may utilize the Personal Information to contact Seller with regards to their participation in the Program and/or to send Seller additional communication from Sticker Mule. Seller represents that Seller has read and understood the Privacy Policy and Terms.
  5. Seller agrees to comply with the Federal Trade Commission’s 16 CFR § 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” If Seller makes a paid referral to a Store by posting to a social media network (such as Instagram, Facebook, X (formerly, Twitter), etc.), Seller should, at a minimum, include language identifying the referral as a paid endorsement (e.g., “This is a paid endorsement” or “#paidad”). Seller is responsible for ensuring that their posts including referrals on any social media network comply with the terms of use of such network, and any other applicable laws, statutes, and regulations.
  6. Intellectual Property:
    1. “User Content” as defined in our Terms shall include any text, photos, images, graphics, videos, comments, and/or other content a Seller uploads to the Website in connection with a Store.
    2. It is the responsibility of each Seller to make sure they are not violating the intellectual property rights of any third parties or breaking any laws by using a Store and participating in the Program, including by publishing their User Content to a Store, listing products for sale that display User Content, and otherwise using or accessing the hosting and facilitation services that Sticker Mule provides in connection with the Program. When you list products for sale on your Store, you represent and warrant that you own all applicable rights in any User Content relating thereto, including but not limited to, intellectual property rights and publicity rights or, if you are not the owner, that you have WRITTEN permission from the owner to display, reproduce, distribute, make, and sell and otherwise use the User Content and products in connection with a Store.
    3. In connection with the Program, you hereby grant Sticker Mule and its affiliates or third parties a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use any of the User Content that you publish on the Website in connection with a Store, including the likeness of any person that appears in the User Content, or any of the concepts or ideas contained in the User Content, for the purpose of providing and marketing the Website and fulfilling any orders for products you sell on your Store. Sticker Mule may, in its sole discretion, remove any User Content and products from a Store at any time.
    4. Seller acknowledges and agrees: (i) that all trademarked and copyrighted material provided to Seller by Sticker Mule as part of the Program are exclusively owned by Sticker Mule or third parties, (ii) that other than with respect to the materials provided to Seller while participating in the Program, Seller is not authorized to use any trademarks, copyrighted material, names, logos, or other intellectual property owned by Sticker Mule, and (iii) that Seller will not participate, contribute, or otherwise be associated with any activity that diminishes or tarnishes the reputation of Sticker Mule’s trademarks.

5. INDEPENDENT CONTRACTOR RELATIONSHIP:

Seller acknowledges and agrees that they participate in the Program at their own risk as an independent contractor and Sticker Mule is not directing or controlling how Seller performs their obligations hereunder. Seller is responsible for paying any applicable taxes, if any, due to taxing authorities, arising from or in connection with, their receipt of any Profit Payments, and shall cooperate with Sticker Mule by providing all required tax information. Participating in the Program does not authorize the Seller to act on behalf of Sticker Mule or Sticker Mule’s affiliates. Nothing herein is intended or can be construed to establish or suggest an employer-employee relationship, partnership, joint venture, or association between any Seller and Sticker Mule.

6. CONFIDENTIAL INFORMATION:

While participating in the Program, Seller may receive or become privy to confidential and proprietary information belonging to Sticker Mule. Seller agrees to maintain all confidential and proprietary information in strict confidence and use the confidential and proprietary information only in connection with the participation in the Program. Notwithstanding anything to the contrary contained herein, Seller agrees to keep confidential the names and contact information of any customers of Sticker Mule, including Buyers.

7. LIMITATION OF LIABILITY:

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. STICKER MULE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (THE “STICKER MULE PARTIES”) SHALL NOT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE PROGRAM, THE WEBSITE, PROFIT PAYMENTS, OR LINKS, CONNECT WITH PAYPAL, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE, THE CONDUCT OF OTHER USERS OF THE PROGRAM OR WEBSITE, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PROGRAM OR THE WEBSITE, EVEN IF STICKER MULE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE TERMS OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM AND WEBSITE. YOUR ONLY REMEDY AGAINST STICKER MULE PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PROGRAM OR WEBSITE, IS TO STOP PARTICIPATING IN THE PROGRAM OR USING THE WEBSITE. IF STICKER MULE PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PROGRAM, OR ANY CONTENT, STICKER MULE PARTIES’ LIABILITY SHALL NOT EXCEED US $100.00. ANY CLAIMS MADE AGAINST STICKER MULE PARTIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

Sticker Mule reserves the right to cancel or suspend the Program if it determines, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.

SELLERS AND POTENTIAL SELLERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THEIR USE OF STICKER MULE’S STORES PROGRAM IS AT THEIR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND STICKER MULE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B)STICKER MULE MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET SELLER REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY SELLER THROUGH THE PROGRAM WILL MEET SELLER EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT SELLER’S OWN DISCRETION AND RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.

9. INDEMNIFICATION

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to you. You agree to indemnify, defend, and hold harmless Sticker Mule Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your use of the Program and/or Website, your conduct in connection with the Program/Website or with other users, or any violation of these Terms, any law or the rights of any third party. To the extent that Sticker Mule receives any notice that your conduct violates any of the rights of a third party, or any applicable laws, Sticker Mule has the right to be defended and indemnified by you in connection with any response to such a notice, including for the costs of preparing such a response. Furthermore, Sticker Mule has the right to undertake any steps necessary to protect its interests in the event such a notice is served on Sticker Mule. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Sticker Mule Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Program and Website, and covenant not to sue the Sticker Mule parties.

10. NOTICES

All notices pursuant to the Terms must be in writing and may be provided electronically. Notice must be made to Sticker Mule at:

Sticker Mule, LLC
C/O: David Traver
336 Forest Ave.
Amsterdam, NY 12010
dave@stickermule.com

with a copy to: help@stickermule.com

11. GOVERNING LAW; WAIVERS
  1. ALL CLAIMS AND CONTROVERSIES SHALL BE RESOLVED MANDATORY BINDING ARBITRATION UNLESS OTHERWISE REQUIRED BY LAW. THESE TERMS AND OUR WEBSITE ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MONTGOMERY COUNTY, NEW YORK, OR THE NORTHERN DISTRICT OF NEW YORK’S FEDERAL COURT. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE ENGLISH LANGUAGE IN MONTGOMERY COUNTY, NEW YORK (OR VIRTUALLY AT STICKER MULE’S DISCRETION). YOU CONSENT TO WAIVE ALL DEFENSES OF “LACK OF PERSONAL JURISDICTION” AND “INCONVENIENT FORUM” WITH THE RESPECT TO THE VENUE AND JURISDICTION IN THE FORUM ARTICULATED ABOVE.
  2. YOU AGREE THAT ANY AND ALL RIGHTS AND OBLIGATIONS OF ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM ACCRUAL OF THE CAUSE OF ACTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
  3. SELLER IS WAIVING THEIR RIGHT TO HAVE A TRIAL BY JURY.
12. OTHER TERMS

These Terms constitute the entire agreement between Seller and Sticker Mule with respect to the Program. Failure by Sticker Mule to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, or Sticker Mule’s right to subsequently enforce any such rights or any other provision of the Terms. If any provision of the Terms shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect.