Masked. But known. Worn for war.

This Agreement describes and provides the terms and conditions (the “Terms”) that govern and apply to your participation in Goblin Gear Company LLC’s (the “Company”, “Goblin Gear”, “we”, “us” or “our”) Affiliate & Ambassador Program (the “Program”). The Program is operated through the Social Snowball platform (the “Platform”), which manages Affiliate Links, tracking, and commission payouts on our behalf.

You may only participate in the Program if you are eighteen (18) years of age, or older.

You agree that your application to, and participation in, the Program shall constitute express consent to these Terms.

FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF YOUR AFFILIATE ACCOUNT AND ALL RELATED PRIVILEGES, AS WELL AS FORFEITURE OF ALL UNPAID COMMISSIONS THAT HAVE BEEN EARNED THROUGH YOUR PARTICIPATION IN THE PROGRAM.

Goblin Gear further reserves its right to pursue any and all claims, legal and equitable, that may result from any violation of these Terms.

Goblin Gear expressly reserves the right to modify these Terms at any time, with or without notice to you. Your continued participation in the Program following any such change shall constitute and evidence your agreement to any such modification to these Terms.

To contact us about any of the matters addressed in these Terms, including to ask questions or to provide comments about these Terms, you may contact us by email at affiliates@goblingear.com.

Goblin Gear reserves sole and exclusive discretion over the approval, acceptance, and/or rejection of any and all applications to join or otherwise participate in the Program. You may only participate in the Program if you are eighteen (18) years of age, or older, and by applying for and/or participating in the Program, you expressly represent that you are eighteen (18) years of age, or older.

YOU ARE ONLY PERMITTED TO APPLY FOR AND USE ONE AFFILIATE LINK.

APPLICATION FOR MORE THAN A SINGLE AFFILIATE LINK, PER PERSON, IS GROUNDS FOR IMMEDIATE TERMINATION AND CONSTITUTES SUFFICIENT GROUNDS FOR FORFEITURE OF ALL UNPAID COMMISSIONS THAT HAVE BEEN EARNED THROUGH YOUR PARTICIPATION IN THE PROGRAM.

If you wish for Goblin Gear to deactivate an Affiliate Link that you have previously applied for and that has been approved, for any reason (including, but not limited, to your desire to apply for a new Affiliate Link), you may send a request to affiliates@goblingear.com.

Upon acceptance of your application to participate in the Program, Goblin Gear will provide you — through the Platform — with a unique Affiliate Link and/or referral code (collectively, your “Affiliate Link”) that you can use, in compliance with these Terms, to earn a commission on the Gross Revenue received by Goblin Gear for purchases of Goblin Gear merchandise through goblingear.com made using your Affiliate Link, or that are otherwise directly attributable to your Affiliate Link (the “Commission”).

Your Commission rate is determined by the Program tier to which you have been admitted, as follows:

Placement in, advancement to, or removal from any tier above Standard Affiliate is determined by Goblin Gear in its sole and exclusive discretion, and rates above fifteen percent (15%) are available only pursuant to a separate written agreement signed by an authorized officer of Goblin Gear. If you have entered into a separate written agreement with Goblin Gear (for example, a VIP Affiliate Agreement or Athlete Agreement), the terms of that agreement control over these Terms to the extent of any conflict.

“Gross Revenue,” as used and referred to in this section, refers to the amount actually paid by a customer for the purchase of Goblin Gear merchandise, and does not include any charges for shipping, sales tax, or any other similar charges levied on the customer at the time of purchase, and excludes any amounts that are refunded, returned, canceled, or subject to chargeback.

Commissions are calculated monthly on fulfilled orders and paid through the Platform’s payout system within fifteen (15) days following the close of each calendar month. Payment of Commissions is contingent upon Goblin Gear’s actual collection of funds from the referred customer. Returned, refunded, or canceled sales, and sales subject to chargeback, will result in the deduction of the corresponding Commission from your balance.

All Commissions are subject to review and verification by Goblin Gear. This process is to ensure the integrity of the Program and may include the delay or withholding of payment while an investigation is conducted. Commissions deemed by Goblin Gear to have been earned through fraudulent, illegal, deceptive, or overly aggressive or questionable sales or marketing methods will be voided. Goblin Gear reserves the right to withhold or delay payment of Commissions pending an investigation of any suspected breach of these Terms.

Goblin Gear shall pay the Commission to you in accordance with its then-applicable payment policies and practices. Goblin Gear expressly reserves the right to modify its payment policies and practices at any time, in its sole discretion. Notwithstanding the foregoing, Goblin Gear will make reasonable efforts to publicize all payment policies and practices applicable hereto, and to provide reasonable advance notice to you of any change to those policies and practices before it is implemented.

You hereby acknowledge the sufficiency of the Commission in exchange for your participation in the Program, and that you shall have no entitlement to any consideration or commission, in either cash or equity, other than the Commission.

You may share your Affiliate Link through your own personal social media channels, content, profiles, bio links, stories, live streams, videos, and direct conversations with your audience, in each case in a manner consistent with these Terms and Goblin Gear’s brand guidelines.

Goblin Gear provides regular guidance and updates regarding permitted usage of your Affiliate Link, and your participation in the Program, via the Platform and via online platforms and channels to which you have been invited by a Company representative (e.g., the Social Snowball dashboard, email, Discord, or WhatsApp).

You are required to join such platforms upon receipt of notice that such platforms are in use by the Program. You are further obligated to monitor such guidance and updates, and shall be presumed to be, and held responsible to be, familiar with such materials — whether or not you actually access such materials, or participate in Program activities publicized and conducted on such platforms.

When promoting Goblin Gear, you must clearly and conspicuously disclose your material connection to Goblin Gear in accordance with the U.S. Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (e.g., by using #ad, #sponsored, or #GoblinGearPartner in a placement that is easily noticed by viewers), and comply with all applicable disclosure requirements of each platform on which you post.

Goblin Gear expressly reserves the right to modify its policies and practices regarding permitted usage of Affiliate Links at any time, in its sole discretion, with or without advance or written notice.

Goblin Gear also provides regular guidance and updates regarding prohibited uses of your Affiliate Link. Such guidance and updates will be made available via the Platform and via online platforms and channels to which you have been invited by a Company representative.

As previously stated, you are required to join such platforms upon receipt of notice that such platforms are in use by the Program. You are further obligated to monitor such guidance and updates, and shall be presumed to be, and held responsible to be, familiar with such materials — whether or not you actually access such materials, or participate in Program activities publicized and conducted on such platforms.

Current guidance for PROHIBITED use of your Affiliate Link includes, but is not limited to:

• DO NOT share or post your Affiliate Link or code on coupon, deal, or discount websites (e.g., Honey, CouponBird, RetailMeNot), or on public websites such as Reddit, Google, or code-sharing forums. Affiliates found to be sharing, or allowing, their codes to be posted on such sites are subject to immediate termination and forfeiture of all pending Commissions.
• DO NOT bid on Goblin Gear’s brand terms, or run paid advertising promoting your Affiliate Link or code, via any online advertising platform (e.g., Google Ads, Meta Ads, TikTok Ads).
• DO NOT use your own Affiliate Link or code for your own purchases, or for purchases made on behalf of your household (self-referrals).
• DO NOT reuse Goblin Gear’s (or another Goblin Gear creator’s) original content for your own purposes without prior written consent.
• DO NOT promote your Affiliate Link on Goblin Gear’s corporate social profiles, or on other Goblin Gear creators’ profiles or posts.
• DO NOT alter any brand assets provided by Goblin Gear without prior written consent, and use all promotional materials — including images, logos, and slogans — in a manner that is respectful of, and consistent with, Goblin Gear’s brand guidelines.
• DO NOT disparage Goblin Gear’s products, advertisement content or practices, company, employees, or business practices or processes (see Paragraph K, below).
• DO NOT use inappropriate language or reference controversial topics when promoting Goblin Gear.
• DO NOT send spam, unsolicited messages, or misleading communications containing your Affiliate Link, and do not use your Affiliate Link in any manner that violates applicable law.
• DO NOT represent yourself as an employee or authorized agent of Goblin Gear, or make claims, promises, or guarantees about Goblin Gear products that are false, misleading, or unsubstantiated.

FAILURE TO COMPLY WITH THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF YOUR AFFILIATE ACCOUNT AND ALL RELATED PRIVILEGES, AS WELL AS FORFEITURE OF ALL UNPAID COMMISSIONS THAT HAVE BEEN EARNED THROUGH YOUR PARTICIPATION IN THE PROGRAM.

You are encouraged to report any unauthorized use of your Affiliate Link or code to Goblin Gear at affiliates@goblingear.com for investigation.

Goblin Gear expressly reserves the right to modify its policies and practices regarding prohibited usage of Affiliate Links at any time, in its sole discretion, with or without advance or written notice. Your continued participation in the Program following any such change shall constitute and evidence your agreement to any such modification to these Terms.

You represent and warrant as follows: (a) you are eighteen (18) years of age, or older; (b) you have the legal right and authority to enter into this Agreement and to perform your obligations hereunder; (c) you will not violate any applicable laws or regulations — including, without limitation, the FTC’s endorsement and testimonial guides and all applicable advertising, marketing, privacy, and anti-spam laws — or cause a breach of any agreements with any third parties, in connection with your participation in the Program; (d) you will not violate, infringe, or misappropriate the intellectual property, proprietary, privacy, or publicity rights of any third party in connection with your participation in the Program; and (e) you will not be abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable or false or misleading in connection with your participation in the Program.

Goblin Gear reserves sole and exclusive discretion over your participation in the Program. Goblin Gear may terminate and/or modify these Terms — or terminate and/or modify your participation in the Program — at any time or for any reason, with or without advance or written notice. Your continued participation in the Program following any such change shall constitute and evidence your agreement to any such modification to these Terms.

You may terminate your participation in the Program at any time, for any reason, by sending notice to affiliates@goblingear.com. You have no entitlement to advance or written notice of termination or modification of your participation in the Program, and Goblin Gear has no obligation to provide advance or written notice of termination of an Affiliate Link.

Upon termination or deactivation of your Affiliate Link, Goblin Gear shall submit to you a final report setting forth in detail all Commissions that you have earned as of the date of the termination of the Agreement. Goblin Gear shall pay such earned Commissions to you in accordance with its then-applicable payment policies and practices.

Commissions that have been forfeited due to your violation of these Terms will not be paid, and your participation in the Program shall constitute consent to the effectuation of such forfeiture, if it shall be warranted due to a violation of these Terms (which Goblin Gear shall investigate and determine, in its sole and exclusive discretion).

Upon termination, you must immediately cease all use of Goblin Gear branding, promotional materials, and your Affiliate Link and/or referral codes.

The terms of this Agreement that, by their meaning and effect, are intended to survive the termination of this Agreement shall so survive — including, but not limited to, Paragraphs E, F, G, H, I, J, K, and L.

You recognize that the Company is engaged in a continuous program of product development and marketing strategization regarding its business activities. As such, you agree as follows:

At all times during your participation in the Program, and perpetually thereafter, you will hold in confidence and will not disclose, use, publish, or make copies of any of the Company’s Proprietary Information (defined below), except to the extent such disclosure, use, or publication: (i) is expressly authorized in writing or by email by an officer of the Company; or (ii) is expressly required by law.

The term “Proprietary Information” shall mean private, confidential, trade secret, or other proprietary information (whether or not embodied or contained in some tangible form) relating to any actual or anticipated business of the Company or its affiliates and ambassadors, or any product development or marketing undertaken by the Company or its affiliates and ambassadors, or non-public information suggested by or resulting from any tasks assigned to you or work performed by you for or on behalf of the Company — including, without limitation, unreleased product information, launch and restock dates, pricing and margin information, supplier information, and marketing plans — whether disclosed to you before or after the Effective Date.

“Proprietary Information” shall not include any information that is: (i) generally known to the industry or the public; (ii) legitimately made available to you by a third party without breach of any confidentiality obligation; or (iii) part of your general skill and knowledge.

All Goblin Gear trademarks, logos, product names, slogans (including “Masked. But Known.”), designs, images, and other brand assets are and remain the sole and exclusive property of Goblin Gear. Goblin Gear grants you a limited, revocable, non-exclusive, non-transferable license to use brand assets provided to you solely for the purpose of promoting Goblin Gear as part of the Program and in compliance with these Terms and Goblin Gear’s brand guidelines. This license terminates automatically upon termination of your participation in the Program.

By participating in the Program, you grant Goblin Gear a worldwide, royalty-free, non-exclusive license — for a period of twelve (12) months from the date of creation of the applicable content, plus a reasonable campaign wind-down period — to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any content posted or created by you that features Goblin Gear’s products or brand, or mentions its social handles, across Goblin Gear’s advertising, website, social media channels, email marketing, and other promotional or commercial purposes, without further compensation to you.

Any content that is filmed, photographed, or otherwise produced by Goblin Gear, or that is produced by a photographer, videographer, or other vendor paid by Goblin Gear, is and shall remain the sole and exclusive property of Goblin Gear, in perpetuity.

You will not remove or alter any trademark, logo, or proprietary notice from any Goblin Gear materials, and you will comply with any reasonable request by Goblin Gear to remove or take down content within forty-eight (48) hours.

You shall indemnify, defend, and hold harmless the Company, and its parent companies, subsidiaries, affiliates, ambassadors, shareholders, members, managers, officers, directors, employees, agents, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs, which will be reimbursed as incurred) of any kind or nature, arising from or relating to, any actual or alleged breach of any of your representations, warranties, or covenants in these Terms, or your negligence or misconduct in participating in the Program. You may not settle any indemnified claim against the Company unless the settlement unconditionally releases the Company of all liability. The Company may participate in the defense of any indemnified claim at its expense. The Company, at your expense, may undertake and control the defense of any indemnified claim in the event of your material failure to undertake and control the same.

Other than as set forth herein, you may not issue a press, news, or other release, or otherwise publicize that you are associated with or performing services for the Company, without the Company’s prior written permission.

You agree that you shall not orally or in writing criticize, disparage, make any negative statements, or otherwise undermine the reputation of Goblin Gear, or comment in any negative way upon the business operations, products, services, employees, practices, procedures, or policies of Goblin Gear. Nothing in this paragraph prevents you from making truthful statements required by law or legal process.

Independent Contractors. The parties are independent contractors, and nothing in this Agreement shall be deemed or construed to create, or have been intended to create, a partnership, joint venture, employment, or agency relationship between the parties. Each party agrees that it neither has nor will give the appearance or impression of possessing the legal authority to bind or commit the other party in any way except as expressly provided in this Agreement. You acknowledge and agree, and it is the intent of the parties hereto, that you receive no company-sponsored benefits (e.g., paid vacation, sick leave, and/or medical insurance) from the Company either as a contractor or employee, except as required by law. Any taxes imposed on you due to activities performed hereunder will be your sole responsibility.

Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party. Any purported assignment, transfer, delegation, or other disposition is void, unless otherwise agreed to in writing. Notwithstanding the foregoing, Goblin Gear may assign its interest in your Agreement to these Terms without your consent to an affiliate, or to a third party acquiring (by sale, merger, reorganization, or otherwise) substantially all of Goblin Gear’s assets or business.

Amendments. Goblin Gear expressly reserves the right to modify these Terms at any time, with or without notice to you. Your continued participation in the Program following any such change shall constitute and evidence your agreement to any such modification to these Terms.

Mediation and Arbitration. The parties shall first attempt in good faith to resolve any controversy or claim arising out of or relating to these Terms through direct discussion and, if necessary, mediation. Any controversy or claim not so resolved shall be conclusively resolved through binding arbitration in New York, New York under the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney fees.

Governing Law and Venue. These Terms and all related documents, and all matters arising out of or relating to the Program, whether sounding in contract, tort, or statute, are to be governed by, construed in accordance with, and enforced under the laws of the State of New York, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Notwithstanding the foregoing provision (“Mediation and Arbitration”), any legal suit, action, or proceeding arising out of or relating to these Terms, or the Program, must be instituted in the federal courts of the United States of America or the courts of the State of New York, in each case located in the City of New York, and County of New York, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding, and waives any objection based on jurisdiction or venue, including forum non conveniens. This Agreement shall be interpreted in accordance with the plain meaning of its terms and not strictly for or against any of the Parties hereto.

Severability. If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in full force and effect. If no enforceable provision can be substituted for any such invalid or unenforceable provision, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions in this Agreement.

No Waiver. Any failure of a party to enforce, for any period of time, any of these Terms will not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under these Terms.

Entire Agreement. These Terms constitute the complete and final agreement of the parties pertaining to the Program and your participation in the same, and supersede the parties’ prior agreements, understandings, and discussions relating to the Program. For the avoidance of doubt, if you have signed a separate written agreement with Goblin Gear (e.g., a VIP Affiliate Agreement or Athlete Agreement), that agreement governs the matters it addresses, and these Terms govern all other aspects of your participation in the Program.

Knowing and Voluntary Agreement. By applying to and electing to participate in the Program, you acknowledge that:

• You have carefully read and fully understand all provisions of these Terms.
• You knowingly and voluntarily agree to all of the conditions, expectations, and obligations set forth in these Terms and agree to be legally bound by all of them.
• You have been and hereby are advised in writing to consider these Terms and to consult with an attorney in relation thereto; and
• To the extent necessary or desired, you have consulted with counsel of your choice concerning these Terms and have done so or freely chosen not to do so.