hugmode Circle terms

1. About these terms

These terms are an agreement between you and Modern Era Brands LLC, a Colorado limited liability company doing business as hugmode, 220 S Wilcox St #565, Castle Rock, CO 80104 ("hugmode," "we," "us"). They cover your participation in the hugmode Circle (the "Program").

By applying or taking part, you agree to these terms, the hugmode Terms of sale and the hugmode Privacy policy. Contact: hello@hugmode.com.

2. Eligibility

2.1 You must be a legal US resident and at least 18 years old.

2.2 You need at least 1,000 followers on at least one social platform. We verify this with platform data (an API connection or a screenshot of native analytics, at our choice) or by asking you to place a one-time code in your bio.

2.3 Each platform account is reviewed and unlocked separately. Approval for one account does not approve any other account.

2.4 hugmode employees, their immediate family and their household members cannot join.

2.5 We may approve or decline any application at our discretion, consistent with applicable law.

3. Founding Circle and waitlist

3.1 Approvals open on November 9, 2026. The first 25 approved members are the "Founding Circle." The title is the only extra that comes with it.

3.2 After 25 approvals, new applicants join a waitlist. Being on the waitlist does not guarantee admission.

4. Your link and code

4.1 Each approved member gets a unique tracking link and/or discount code.

4.2 A new customer who uses your link or code gets 10% off their first order. Only one discount applies per order. Your code does not stack with other promotions.

4.3 Attribution: an order is credited to the last Circle link clicked within 30 days before the order, or to the Circle code used at checkout. If both a link and a code apply to one order, the code wins. Our tracking records decide attribution.

5. Commission

5.1 Rates. Commission is a percentage of Net Merchandise Sales on Kept Orders attributed to you, at the rates in the table above.

5.2 "Net Merchandise Sales" means the price the customer actually paid for merchandise, after all discounts. It excludes taxes, shipping and handling fees, gift card purchases, and amounts paid with store credit or gift cards. A "Kept Order" is an order that is delivered and not canceled, refunded (in whole or in part, to the extent refunded), exchanged for store credit, or charged back.

5.3 Levels are based on the criteria shown on your Circle dashboard. You move up a level as soon as you qualify. Moving down happens only at a quarterly review, after one month of grace, and never by more than one level at a time. Icon is by invitation only, and any paid work comes under a separate written agreement.

5.4 Free products or gifts are not payment and do not create any obligation unless agreed in writing. They are still "material connections" you must disclose (section 8).

6. Approval, payouts and taxes

6.1 Approval. Commission becomes "Approved" 30 days after the carrier marks the order delivered. If there is no delivery scan, it becomes Approved 45 days after shipment.

6.2 Payout. Approved commission is paid on the next 1st or 15th of the month through Stripe Connect. There is no minimum payout. If a payout date falls on a weekend or holiday, payment may happen on the next business day.

6.3 Before your first payout you must (a) set up a Stripe Connect account, (b) complete identity verification and (c) give us a valid IRS Form W-9. We hold commission until all three are done. Balances that stay unclaimed are handled under state unclaimed property law.

6.4 Taxes. You are responsible for all taxes on what you earn. We issue a Form 1099-NEC when IRS thresholds require one. If you do not provide a valid W-9, we may apply backup withholding as required by law.

6.5 No invoices. We calculate commission from our order records. If you think a calculation is wrong, tell us within 60 days of the payout date.

7. Cancellations, refunds and chargebacks

7.1 No commission is earned on a canceled order.

7.2 If an order is refunded, exchanged for store credit or charged back, the related commission is reversed, even after approval or payout. Reversed amounts already paid may be deducted from your future payouts.

7.3 If your account ends with a negative balance, we will not invoice you for it. We may offset it against any future commission.

8. Disclosure rules (FTC)

Every post, story, video, live stream or other content that promotes hugmode must clearly disclose your relationship with hugmode. At a minimum:

(a) Put "#ad" or "affiliate link" next to the link or code, where people will see it without clicking "more." For short posts, put it at the start.

(b) In video, say it out loud ("I earn commission from hugmode") and show it on screen.

(c) In live streams, repeat it regularly, not only at the start.

(d) Turn on the platform's paid partnership or branded content label as well. The label does not replace (a) through (c).

(e) Do not hide the disclosure in a pile of hashtags, a profile bio or an "about" page.

We may monitor your content and ask you to fix or remove anything. You agree to do so within 48 hours.

9. Prohibited activities

(a) Buying through your own link or code, or having household members or anyone acting for you do so.

(b) Posting your code or link on coupon, deal, cashback or voucher sites, or using browser coupon extensions to inject or capture codes.

(c) Bidding on "hugmode," "hug mode" or any misspelling or variation in search or social ads, or using them in ad copy, display URLs or domain names.

(d) Cookie stuffing, forced clicks, hidden frames or any other way to claim credit for sales you did not drive.

(e) Buying or faking followers, likes, views, comments or other engagement, or using bots or engagement pods.

(f) Spam, including unsolicited email, DMs, SMS or comments.

(g) False or misleading claims, including any weight-loss, body-reshaping-as-medical, health or medical claims, or claims about results we have not approved.

(h) Nudity or sexualized content involving hugmode products.

(i) Any content involving minors, including showing minors wearing or holding hugmode products.

(j) Impersonating hugmode, or suggesting you are an employee or official spokesperson.

(k) Breaking any law or platform rule.

10. Content license

10.1 You own your content.

10.2 Organic use. You give hugmode a non-exclusive, royalty-free, worldwide license to repost, share and display content you create about hugmode on hugmode's own social accounts, website and email, with credit to you. After your participation ends, we stop posting new copies and remove existing ones within 30 days of your written request.

10.3 Paid ads. hugmode uses your content in paid ads (for example TikTok Spark Ads or Meta Partnership Ads) only if you give us an authorization code or written permission, and only for the period stated when you authorize it. You may decline.

10.4 You confirm you have all rights needed in your content, including music and the consent of anyone who appears in it.

10.5 We give you a limited, revocable license to use hugmode's name and logo only to promote hugmode under these terms.

11. Relationship

You are an independent contractor. You control how, when and where you create content, except as these terms require. Nothing here creates employment, partnership, joint venture or agency. You do not get employee benefits, and you cannot bind hugmode.

12. Termination

12.1 For convenience. Either of us may end your participation for any reason with 30 days' written notice (email is fine). Commission on orders placed before the end date continues to approve and pay under section 6.

12.2 For cause. We may end your participation immediately if you breach these terms, harm hugmode's reputation, or engage in fraud. If the cause is fraud, all unapproved commission is forfeited. For other causes, commission on orders placed before termination still approves and pays under section 6, unless the orders were obtained in violation of these terms.

12.3 When your participation ends, stop using your link, code and hugmode's marks. Sections 6, 7, 10 (for the period stated), 11, 13, 14 and 15 continue to apply.

13. Warranties, indemnity and liability

13.1 You will comply with these terms and all laws, including FTC rules.

13.2 You will indemnify hugmode against claims that come from your content or your breach of these terms.

13.3 To the extent the law allows, hugmode's total liability to you under these terms is limited to the commission we paid you in the 12 months before the claim, and neither of us is liable for indirect or consequential damages.

14. Changes

We may change these terms with at least 30 days' notice by email and on the Program page. Changes apply only after they take effect and never to commission already earned. If you do not agree, you can leave the Program before the change takes effect.

15. Governing law and disputes

These terms are governed by Colorado law, without regard to its conflict of laws rules.

Any dispute goes to the state or federal courts in Douglas County, Colorado, and you and hugmode agree to their jurisdiction. Either of us may instead bring an individual claim in small claims court if it qualifies.

Either party may seek injunctive relief to protect its intellectual property.

16. Privacy

We process your personal information, including identity verification, tax and payout data, and social account data, as described in the hugmode Privacy policy.

17. Everything else

These terms are the entire agreement about the Program. You may not assign them. If any part is unenforceable, the rest stays in effect. Not enforcing a term is not a waiver. Notices to us go to hello@hugmode.com.