TERMS AND CONDITIONS

These Terms and Conditions were last updated on and are effective as of January 19, 2026. 

This Agreement describes and provides the terms and conditions (the “Terms”) that govern and apply to your participation in Twisted Gorilla LLC’s (the “Company,” “we,” “us,” or “our”) Ambassador Program (the “Program”).

You may only participate in the Program if you are eighteen (18) years of age or older and reside in the United States. You agree that your participation in the Program shall constitute express consent to these Terms.

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

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

The Company 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 regarding these Terms, you may email affiliates@twistedgorilla.com.  

PROGRAM APPROVAL AND ELIGIBILITY

The Company reserves sole and exclusive discretion over the approval, acceptance, and/or rejection of any and all applications to join or participate in the Program.

You may only participate in the Program if you are eighteen (18) years of age or older and reside in the United States, and by applying for and/or participating in the Program, you expressly represent that you meet these requirements.

YOU ARE ONLY PERMITTED TO APPLY FOR AND USE ONE (1) AMBASSADOR LINK.

Application for more than a single Ambassador Link, per person, constitutes grounds for immediate termination and forfeiture of all unpaid commissions earned through participation in the Program.

If you wish to deactivate an Ambassador Link for any reason, including to apply for a new one, you may request deactivation by contacting the Company.

COMMISSIONS AND PAYMENT

Upon acceptance into the Program, the Company will provide you with a unique Ambassador Link that may be used, in compliance with these Terms, to earn a ten percent (10%) commission on Gross Revenue received by the Company for purchases of Twisted Gorilla merchandise through www.twistedgorilla.com attributable to your Ambassador Link (or that are otherwise directly attributable to your Ambassador Link) (the “Commission”).

“Gross Revenue,” as used and referred to in this section, refers to the amount actually paid by a customer for purchase of Twisted Gorilla 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.

The Company shall pay the Commission to you in accordance with its then-applicable payment policies and practices. The Company expressly reserves the right to modify its payment policies and practices at any time, in its sole discretion. Notwithstanding the foregoing, the Company will make reasonable efforts to publicize and 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.

PROGRAM GUIDANCE AND COMMUNICATION PLATFORMS

The Company also provides regular guidance and updates regarding prohibited uses of your Ambassador Link. For example, such guidance and updates will be made available via online platforms to which you have been invited by a Company representative (e.g., Notion and Discord).

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.

PROHIBITED USES OF AMBASSADOR LINKS

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

• DO NOT reuse Twisted Gorilla’s (or another Twisted Gorilla creator’s) original content for your own purposes.
• DO NOT share your Ambassador Link on public websites (e.g., Reddit, Google, coupon code sites, deal sites, etc.).
• DO NOT bid on our brand terms via any online advertising platform (e.g., Google Ads).
• DO NOT promote your Ambassador Link on Twisted Gorilla’s corporate TikTok profile, or on other Twisted Gorilla creator’s profiles or posts.
• DO NOT disparage Twisted Gorilla’s products, advertisement content or practices, company, employees, or business practices or processes.
• DO NOT use inappropriate language or reference controversial topics when promoting Twisted Gorilla.
• DO NOT ask Twisted Gorilla moderators about any orders of Twisted Gorilla merchandise that you, yourself, have placed, or that anyone who has purchased through your Ambassador Link has placed (as those moderators do not have access to individual order information).
• DO NOT message Twisted Gorilla employees or other representatives on their personal social media accounts.
• DO NOT ask Twisted Gorilla employees or other representatives or live host dates of new drops or restocks, as they do not have access to that information.

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

REPRESENTATIONS AND WARRANTIES

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, 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 or other 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. 

TERMINATION AND FORFEITURE 

The Company reserves sole and exclusive discretion over your participation in the Program. The Company 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 have no entitlement to advance or written notice of termination or modification of your participation in the Program, and the Company has no obligation to provide advance or written notice of termination of an Ambassador Link.

Upon termination or deactivation of the Ambassador Link, the Company 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. The Company shall pay such earned commissions to you in accordance with its then-applicable payment policies and practices.

Commissions that have been forfeit 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 the Company shall investigate and determine, in its sole and exclusive discretion).

SURVIVAL OF TERMS

The terms of this Agreement that by their meaning and effect are intended to survive termination shall so survive, including but not limited to the sections regarding commissions, confidentiality, non-disparagement, indemnification, arbitration, governing law, and assignment.

CONFIDENTIALITY

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 may be: (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 Ambassadors or any product development or marketing undertaken by the Company or its Ambassadors, or non-public information suggested by or resulting from any tasks assigned to Influencer or work performed by Influencer for or on behalf of the Company or its Ambassadors, 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 Influencer by a third party without breach of any confidentiality obligation; or (iii) is part of Influencer's general skill and knowledge.

NON-DISPARAGEMENT

You agree that you shall not orally or in writing criticize, disparage, make any negative statements, or otherwise undermine the reputation of the Company, or comment in any negative way upon the business operations, products, services, employees, practices, procedures, or policies of the Company. 

PRESS AND PUBLICITY RESTRICTIONS

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 Company without Company’s prior written permission. 

INDEMNIFICATION

You shall indemnify, defend and hold harmless Company, and its parent companies, subsidiaries, Ambassadors, shareholders, member, manager, 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 Company unless the settlement unconditionally releases Company of all liability. Company may participate in the defense of any indemnified claim at its expense. Company, at your expense, may undertake and control the defense of any indemnified claim in the event of the material failure of Influencer to undertake and control the same. 

INDEPENDENT CONTRACTOR

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 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, Twisted Gorilla may assign its interest in your Agreement to these Terms without your consent to an affiliate to or a third party acquiring (by sale, merger, reorganization, or otherwise) substantially all of Twisted Gorilla’s assets or business.

AMENDMENTS

Twisted Gorilla 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.

ARBITRATION

Any controversy or claim arising out of or relating to these Terms, the Program, or the breach thereof, shall be conclusively resolved through binding arbitration administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall be conducted in the State of Texas, in a location determined by the Company in its sole discretion. 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 attorneys’ fees, except as otherwise required by applicable law or awarded by the arbitrator(s).

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, statute, or otherwise, shall be governed by, construed in accordance with, and enforced under the laws of the State of Texas, without regard to its conflict of laws principles to the extent such principles would require or permit the application of the laws of any other jurisdiction.

Notwithstanding the foregoing Arbitration provision, any legal suit, action, or proceeding arising out of or relating to these Terms or the Program that is not subject to arbitration shall be instituted exclusively in the state or federal courts located within the State of Texas, and each party irrevocably submits to the exclusive jurisdiction of such courts 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 party.

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

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.

KNOWING AND VOLUNTARY AGREEMENT

By applying for and participating in the Program, you acknowledge that: 

• You have carefully read and fully understands 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 is 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.