Last updated: September 9, 2026
This agreement is between you and Cubbie Club, LLC, a South Carolina limited liability company ("Cubbie Club," "we," "us"). It governs your participation in the Cubbie Club creator program. You accept it by checking the acceptance box when you submit your creator profile, or by continuing to participate after we notify you of an update under section 13. The Terms of Service and Privacy Policy also apply to you as a user of the service; if this agreement and the Terms of Service conflict on a creator-program matter, this agreement controls.
"Member" is a person with a Cubbie Club account. "Referred Member" is a Member attributed to you under section 5. "Affiliate Commission" is commission paid to Cubbie Club under a brand's affiliate program or through an affiliate network because a Member reached the brand through a Cubbie Club link or code and made an eligible purchase. Affiliate Commission does not include fees a brand pays Cubbie Club for advertising, placement, listing, or partner-program services - including per-customer or per-acquisition fees under a brand partner agreement - which are not commission and are not shared with creators. "Net Commission" is the Affiliate Commission Cubbie Club actually receives and retains on a Qualifying Purchase, after any amount withheld, deducted, or reversed by the affiliate network or brand. "Qualifying Purchase" is a purchase by a Referred Member that generates Affiliate Commission Cubbie Club actually receives, as described in section 4. "Received" means the affiliate network or brand has paid the Affiliate Commission to Cubbie Club and the payment is no longer subject to that network's or brand's reversal period. "Founding Creator" is one of the first 100 creators whose profile goes live on Cubbie Club. "Founding Rate" is 100% of Net Commission. "Standard Rate" is the revenue-share percentage we disclose to non-founding creators when they join, as updated under section 13. "Active" means your creator profile is published and you have completed at least one Program Activity in the preceding 12 months. "Program Activity" is a new Referred Member sign-up, a Qualifying Purchase by a Referred Member, or a public post promoting Cubbie Club or an offer using your link or code. "Good standing" means your creator account is Active, not suspended, and not in breach of this agreement.
You must be at least 18, provide accurate profile information, and keep it current. You may hold one creator profile. We may approve or decline any application at our discretion and may require identity verification. Participation is open to creators in countries where Stripe supports connected-account payouts; we may decline or end participation where we cannot lawfully or practically pay you. The program is non-exclusive: you may promote other services, and we work with other creators.
You take part in the creator program as an independent contractor - not an employee, partner, agent, or joint venturer of Cubbie Club. You decide how, when, and what you create; we do not direct the content, timing, or manner of your work, and our review under section 11 is limited to legal and program compliance. Nothing in this agreement creates employment, benefits, or any authority to bind or speak for Cubbie Club. You are responsible for your own equipment, expenses, insurance, and taxes.
Founding Creators. If you are a Founding Creator, you earn the Founding Rate on every Qualifying Purchase by your Referred Members for as long as your creator account remains in good standing. No change to the program will reduce the Founding Rate while you remain in good standing. If your account stops being Active, we will email you and give you 30 days to complete a Program Activity before your account is treated as inactive; an account that remains inactive after that period leaves the program under section 14. If your participation ends and you later rejoin, you rejoin at the Standard Rate unless we agree otherwise in writing.
Other creators. If you join after the 100 founding spots are filled, you earn the Standard Rate disclosed when you join. We may change the Standard Rate on a going-forward basis with 30 days' email notice; a change does not reduce earnings on purchases already Received.
What is shared. Your share is calculated only on Net Commission. Cubbie Club also earns revenue that is not shared with creators, including partner-program and advertising fees paid by brands, and Affiliate Commission on purchases by Members who are not your Referred Members.
How purchases qualify. A purchase earns a share only when it generates Affiliate Commission that Cubbie Club actually receives - generally, when your Referred Member reaches a brand through a link or code on Cubbie Club and completes an eligible purchase within that brand's attribution window, and the brand offers an affiliate program that pays Cubbie Club. Some brands featured on Cubbie Club do not pay Affiliate Commission; purchases from those brands do not earn a creator share. Purchases a Member makes directly with a brand, through another site or link, or outside the brand's attribution rules do not earn Cubbie Club Affiliate Commission and therefore do not earn a creator share. Commission rates, attribution windows, and eligibility rules are set by brands and networks and may change without notice to us.
If the program ends. If Cubbie Club discontinues the creator program, we will give at least 60 days' email notice. Your rate, including the Founding Rate, applies to Qualifying Purchases made before the discontinuation date, and earnings Received before or after that date on those purchases are paid on the normal schedule. No share is earned on purchases made after the program ends.
A Member is bound to the first creator whose link or code they use when they sign up, and that binding does not change while you remain in the program. Referrals of yourself, members of your household, or accounts you control do not qualify. If your participation ends, attribution of your Referred Members to you ends with it, and purchases they make after that date earn no creator share. We determine attribution from our records, which are conclusive absent manifest error.
Earnings shown in your dashboard are estimates until the underlying Affiliate Commission is Received. Received earnings become payable 60 days after the date we record receipt (the "Hold Period"), which allows for late returns, chargebacks, and network reviews. We do not pay on earnings that have not been Received.
Affiliate Commission can be reversed after a sale - for returns, cancellations, chargebacks, fraud, or a brand's or network's review. We may adjust, withhold, deduct from current or future payouts, or reverse any earnings that are reversed by a brand or network, or that result from fraud, self-referral, or a violation of this agreement, including after they have been paid. If a reversal exceeds your future payouts within 12 months, we may invoice you for the difference.
Stripe Connect. We pay creators through Stripe Connect. Before we can pay you, you must complete Stripe onboarding for a connected account, including any identity, bank, and tax verification Stripe requires, and accept Stripe's connected-account terms. We may delay, hold, or reverse a payout if your onboarding is incomplete, if Stripe is unable to verify your identity or account, or if a payout is returned, disputed, or flagged for review. We are not responsible for delays or failed payments caused by incomplete or inaccurate information you provide to Stripe.
Schedule and minimum. We pay payable earnings quarterly, within 30 days after the end of each calendar quarter, provided your payable balance is at least US $50 at quarter end. Balances below the minimum roll over and are paid in the first quarter they meet the threshold. Payouts are made in U.S. dollars; currency conversion and any bank fees on your side are your responsibility.
Taxes. You are responsible for all taxes on amounts you earn. Before paying you we require a completed tax form - IRS Form W-9 for U.S. persons, or the applicable Form W-8 for non-U.S. persons - collected through Stripe or directly. We will issue Form 1099 or other tax reporting where required by law and may withhold where required.
Statement disputes. The earnings, balances, and statements shown in your dashboard are considered final and accepted unless you notify us of a specific dispute in writing at hello@thecubbieclub.com within 30 days of the statement or payout date. After that window, those amounts are conclusive and may not be disputed, except where a longer period is required by law.
Grant. You grant Cubbie Club a worldwide, non-exclusive, royalty-free license, sublicensable only to the service providers that host and deliver our service, to use, host, store, display, reproduce, reformat and resize, adapt for the medium, and distribute the content you provide to us or make publicly available on the social accounts you connect or link to your profile - including photos, videos, reels, and captions, together with your name, handle, and profile image (your "Content") - to feature and promote you and the brands and offers you curate across Cubbie Club's website, apps, emails, and our own social media channels, including reposting, resharing, and resizing your social posts to our audience.
Paid media and brand reuse. We will not use your Content or name in paid advertising, and will not license your Content to a brand for the brand's own use, without your separate written consent, which you may give by email and withdraw on 10 business days' notice.
Credit and removal. Where practical we will credit you, for example by tagging your handle. You may ask us to remove specific Content from public display and we will do so within 10 business days (cached or archived copies excepted).
Term. This license lasts while your creator profile is active and for 12 months afterward for wind-down, archival, and record purposes. Content already included in emails or third-party posts distributed before termination may remain as distributed.
Your representations. You represent that you own or have all rights to your Content, that it does not infringe anyone's rights or violate any platform's terms, and that any people shown (including children) have consented, or their parent or guardian has consented, to this use.
While you are in the program, you may use the Cubbie Club name and logo, as we provide them, to promote Cubbie Club and the offers you curate, following any brand guidelines we publish. You may not alter our logo, use our name in a way that suggests you are Cubbie Club or speak for us, or register any domain name, social handle, or business name that includes "Cubbie Club" or a confusingly similar term. This permission ends when your participation ends.
Disclosure. You must clearly and conspicuously disclose your material connection to Cubbie Club and to any brand whose offer you promote, as required by the FTC Endorsement Guides and applicable law, in every post, story, video, or link where you promote Cubbie Club or an offer. Annex A gives examples. A disclosure buried in a bio, behind a "more" link, or in a hashtag cloud is not sufficient.
Honest promotion. Promote the service and offers truthfully. Do not make claims about a product you have not used, misstate an offer's terms, or imply Cubbie Club or a brand endorses you beyond what this agreement provides.
Health, safety, and product claims. Many featured products are for infants and children. Do not make health, safety, medical, developmental, or nutritional claims about a product unless the brand has provided that claim to you in writing, and do not show a product being used contrary to the manufacturer's instructions or age guidance (for example, infant sleep products used other than as directed). When in doubt, describe your own experience rather than making a claim about outcomes.
Prohibited practices. Do not engage in spam, incentivized or fraudulent sign-ups, self-referral, cookie-stuffing, trademark bidding, paid search on Cubbie Club or brand names, coupon-site posting of codes, or any activity that violates a brand's, network's, or platform's terms. Do not target children or direct promotion to audiences under 18.
Platform rules. You are responsible for complying with the terms of each social platform you use.
We may review your promotional content for compliance with section 10. If we identify a problem we will notify you and you agree to correct or remove the content within 48 hours. We may withhold earnings attributable to non-compliant content, remove your profile from public display, or suspend or end your participation for repeated or serious violations. This review is limited to legal and program compliance and does not extend to creative direction.
Non-public information we share with you - such as unreleased features, payout data, commission rates, or brand terms - is confidential. You will use it only to take part in the program and will not disclose it to others, during and for two years after your participation. This does not restrict you from disclosing your own earnings or from speaking about your own experience.
We may update this agreement or the program (including the Standard Rate, payout schedule, Hold Period, and program features) with at least 30 days' email notice before the change takes effect. Continuing to participate after the effective date means you accept the change; if you do not agree, you may end your participation before that date and your Received earnings will be paid on the normal schedule. No change reduces earnings already Received or reduces a Founding Creator's Founding Rate while in good standing. Changes are not retroactive.
You or Cubbie Club may end your participation at any time with 30 days' notice (for example, through the portal or by email). We may suspend or end your participation immediately for fraud, a material breach of this agreement, or conduct that harms Cubbie Club, a brand, or Members. An account that remains inactive after the 30-day notice in section 4 leaves the program at the end of that period. If participation ends, we may unpublish your profile. Earnings Received before it ends are still paid on the normal schedule (subject to section 6); estimates not yet Received, and anything tied to fraud or a breach, are forfeited. Provisions that by their nature should survive - including definitions, independent-contractor status, reversals, payment of accrued amounts and taxes, the content license for the period stated, confidentiality, disclaimers and limitation of liability, indemnity, governing law and disputes, and general terms - survive.
The program, the portal, and our dashboards are provided "as is." We do not guarantee any level of earnings, traffic, or brand participation, or that any brand or network will confirm or pay any commission. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or lost profits, and Cubbie Club's total liability to you under this agreement will not exceed the greater of US $100 and the earnings paid or payable to you in the 12 months before the claim arose. These limits do not apply to your indemnity obligations, confidentiality breaches, or amounts either party owes the other under sections 6 and 7.
You will indemnify and hold Cubbie Club harmless from any third-party claims, damages, and costs (including reasonable attorneys' fees) arising out of your Content, your promotion of Cubbie Club or the brands, your breach of this agreement, or your violation of any law or any platform's terms. We will notify you promptly of any such claim and let you participate in its defense at your expense.
This agreement is governed by the laws of the State of South Carolina and applicable United States federal law, without regard to conflict-of-laws rules. Before either party starts a formal proceeding, it will notify the other in writing and allow 30 days to resolve the matter informally. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in South Carolina.
INDIVIDUAL CLAIMS ONLY; JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND EACH KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A JURY TRIAL.
Entire agreement. This agreement, the Terms of Service, and the Privacy Policy are the entire agreement about the creator program and replace any prior understanding, including statements on the site or in marketing about the program, except as expressly stated here.
Severability; no waiver; assignment. If any provision is unenforceable it will be limited or removed to the minimum extent necessary and the rest remains in effect. Our not enforcing a provision is not a waiver. You may not assign this agreement; we may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets.
Force majeure. Neither party is responsible for delays or failures caused by events beyond its reasonable control, including outages of third-party providers and actions of brands, affiliate networks, or social platforms.
Notices. Notices to you go to the email on your creator profile; notices to us go to hello@thecubbieclub.com or Cubbie Club, LLC, 78 Folly Road, Ste B9 #1200, Charleston, SC 29407. You consent to receiving this agreement, statements, and notices electronically.
Record of acceptance. We keep a record of the version you accepted and when. You can request a copy at any time.
The FTC requires that a disclosure be hard to miss and understandable. Place it at the start of a caption, on-screen in video for long enough to read, and spoken aloud in audio-only content. Examples that work:
Examples that do not work: a disclosure only in your bio; "#sp" or "#collab" alone; a disclosure hidden after "more"; a disclosure only in the comments; no disclosure on a story with a swipe-up link.