Affiliate Program Terms.

To participate in the Affiliate Program you must (i) have a Packed Account; and (ii) not be an employee, officer, contractor, dealer or agent of Packed, or an immediate family or household member of any of the foregoing, unless Packed has approved your participation in writing. Packed may impose additional eligibility requirements, including minimum audience, content or geographic requirements, and may exclude particular channels, platforms or jurisdictions from the Affiliate Program at any time.

No separate application, approval or channel review is required to participate. Packed will, however, issue your Referral Code and Affiliate Links only after you have accepted these Terms, and you will not earn, accrue or be paid any Revenue Share in respect of any period before that acceptance. Packed may make the Affiliate Program available through the Packed application, website or affiliate portal or dashboard (the “Affiliate Dashboard”), and may require you to provide complete and accurate registration, identity, payout and tax information, and to promptly update that information if it changes. Packed may require you to complete identity verification and to deliver applicable requisite tax documentation before any Revenue Share is paid. Without limiting Section 8, Packed may withhold, delay or offset payment of Revenue Share to the extent required by applicable law or until the requested information and documentation have been provided. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

Packed may modify these Terms, and may change any rate, tier, threshold, window, schedule or other element of the Affiliate Program, at any time and in its sole discretion. Packed will post the amended Terms with an updated “Last Updated” date and may, but is not required to, notify you by email to the address associated with your account or by notice in the Affiliate Dashboard. Amendments take effect immediately upon being posted, and no notice or waiting period applies. Your continued participation in the Affiliate Program after an amendment is posted, including any request for, use of or continued display of an Affiliate Link, constitutes your acceptance of the amended Terms. If you do not agree to an amendment, your sole and exclusive remedy is to cease participating in the Affiliate Program and immediately remove all Affiliate Links and Packed Marks from your channels. Without limiting the foregoing, Packed may change the Revenue Share rate, the Rate Table, the Attribution Window, the Measurement Period, the payment schedule and any minimum payout threshold at any time, effective immediately upon posting, including during a Measurement Period then in progress, and any such change applies to all Referred Users, including those attributed before the change and those whose Attribution Windows remain open. Any such change applies to Revenue Share not yet accrued as at the time the change takes effect; Revenue Share already accrued in respect of pack purchases already completed will be calculated at the rate in effect when those purchases occurred. You acknowledge that Packed has no obligation to maintain any rate, tier, window or other term for any period, and that you acquire no vested or accrued right in any future rate or term.

For each Converted Registration, Packed will pay you the amount determined in accordance with the rates and payment terms posted in the Affiliate Dashboard or otherwise provided to you in writing by Packed, the current form of which is set out in Schedule A (the “Revenue Share”). Packed may change the Revenue Share rate, the Attribution Window, the Measurement Period, the payment schedule and any minimum payout threshold in accordance with Section 1.3. The Revenue Share is your sole compensation in connection with the Affiliate Program, and Packed will not reimburse any costs or expenses you incur unless it agrees in writing in advance.

Revenue Share is earned only when, and to the extent, the corresponding user payment has been successfully received and settled by Packed or its payment processor and is no longer subject to refund, chargeback, or dispute. Packed may hold amounts otherwise payable for a reasonable clearing period, and may continue to hold any amount that is subject to an open dispute, chargeback or fraud investigation. Packed may set a minimum payout threshold, below which amounts will roll forward to the next payment period. Payments are made in U.S. dollars, without interest, and only to a valid payout account in your name for which you have provided complete verification and tax information. If your account remains inactive for twelve (12) consecutive months, or if Packed is unable to pay you because your payout or tax information is missing, invalid or unverified, Packed may forfeit any unpaid balance after giving notice to your email of record and a reasonable opportunity to cure, to the extent permitted by applicable law.

If any portion of a user payment underlying a Converted Registration is refunded, reversed, charged back or otherwise returned, or if a Converted Registration is later determined to be invalid, fraudulent or in violation of these Terms, the corresponding Revenue Share is not earned and, if already paid, is immediately repayable to Packed. Packed may deduct or offset such amounts, and any other amounts you owe Packed, against current or future Revenue Share payments, and may invoice you for any remaining balance, which you will pay within thirty (30) days.

The Revenue Share will be paid by Packed net of any taxes. You will be solely liable for any taxes due on any payments made under these Terms and for any required reporting to tax authorities. You are not an employee of Packed, Packed will not withhold employment taxes from any payment, and Packed may report amounts paid to you to tax authorities, including on IRS Form 1099, and may withhold or backup withhold where required by law. Amounts payable to you are exclusive of any value added, goods and services or similar taxes, which are your responsibility.

The Revenue Share will be paid by Packed net of any taxes. You will be solely liable for any taxes due on any payments made under these Terms and for any required reporting to tax authorities. You are not an employee of Packed, Packed will not withhold employment taxes from any payment, and Packed may report amounts paid to you to tax authorities, including on IRS Form 1099, and may withhold or backup withhold where required by law. Amounts payable to you are exclusive of any value added, goods and services or similar taxes, which are your responsibility.

Packed will make Converted Registration and Revenue Share reporting available in the Affiliate Dashboard. You must notify Packed in writing by email to its support team of any dispute regarding a Revenue Share calculation or payment within thirty (30) business days after the report or payment to which the dispute relates is first made available, and any claim or request for adjustment not raised within that period is irrevocably and permanently waived. If the foregoing period is held to be unenforceable in any respect, it will be replaced by the shortest notification period that is enforceable under applicable law, and in no event by a period longer than sixty (60) days, and the remainder of this Section will continue in full force. Packed’s records, tracking systems and calculations are final, conclusive and binding on you absent manifest error, and you waive any right to audit Packed’s books, records or systems.

Subject to these Terms, Packed grants you a limited, revocable, non-exclusive, royalty-free, non-transferable and non-assignable license to use Packed’s trade name, trademarks and logos (collectively, the “Packed Marks”) solely as is reasonably necessary to promote the Packed Service and the Affiliate Link in accordance with these Terms. You grant Packed a limited, revocable, non-exclusive, royalty-free, worldwide license to use your name, username, handle and logo, and to reproduce, display, distribute and create excerpts of any content you create in connection with the Affiliate Program (“Affiliate Content”), in Packed’s marketing, promotional and investor materials and on its own channels (your name, username, handle and logo, together with the Packed Marks, the “Marks”). You will use the Packed Marks exactly in the forms provided and in conformance with any trademark usage or brand guidelines provided by Packed, as may be updated from time to time. Each party reserves all rights to its Marks that are not expressly granted in these Terms, and any use of a party’s Marks shall inure solely to the benefit of that party. You will not contest or otherwise challenge the validity of the Packed Marks, register or attempt to register any confusingly similar trademark, domain name, social media handle or application name, or use the Packed Marks in any manner that implies you are Packed or that Packed endorses content it has not approved. For the avoidance of doubt, the license granted to you in this Section shall cease immediately upon expiration or termination of these Terms or of your participation in the Affiliate Program, and you will promptly remove all Packed Marks and Affiliate Links from your channels.

Whenever you use an Affiliate Link or otherwise promote the Packed Service, you will clearly and conspicuously disclose your material connection to Packed in a manner that complies with the U.S. Federal Trade Commission’s Endorsement Guides and all other applicable law and platform policies. The disclosure must appear in the same post, message, video, video description or page as the Affiliate Link, before or at the point your audience encounters the link, and in plain language (for example, “#ad” or “paid partnership with Packed”). The disclosure must not be hidden behind a “more” link, buried in a profile biography, or placed only among hashtags at the end of a caption. You will comply with the advertising, disclosure and affiliate-marketing policies of every platform on which you promote the Packed Service.

You will not, directly or indirectly: (i) use an Affiliate Link to register or fund your own account, or the account of any household or family member, or any account you control, direct or share in the economic benefit of; (ii) generate or attempt to generate Converted Registrations through fraud, misrepresentation, unauthorized rebates, cash back, coupons or other consideration offered to users, automated scripts, bots, click farms, cookie stuffing, forced clicks, pop-unders, iframes, malware, adware, browser extensions, toolbars, typosquatting, or traffic you know or should know is not genuine; (iii) bid on, purchase or otherwise use the Packed Marks, Packed brand terms or misspellings of them as keywords in paid search, app store or marketplace advertising, or use them in ad copy, display URLs or landing page domains, without Packed’s prior written consent; (iv) send unsolicited email, SMS, push or direct messages, or otherwise promote the Packed Service in violation of the CAN-SPAM Act, the Telephone Consumer Protection Act, or any applicable anti-spam, telemarketing, privacy or data protection law; (v) market the Packed Service to persons under the age of eighteen (18), or place Affiliate Links in or alongside content directed primarily to children or on any channel whose audience is predominantly under eighteen (18); (vi) describe or promote the Packed Service as gambling, wagering, a lottery, a sweepstakes, a game of chance, a security or an investment, or make any statement regarding the odds, probabilities, pull rates or expected return of any pack, box or other product other than odds or probabilities Packed has itself published; (vii) state or imply that a user will or is likely to receive any particular card or item, or resell any item for any particular price; (viii) make any representation, warranty or guarantee regarding the specifications, features, functionality, availability or pricing of the Packed Service, or any statement regarding Packed’s business, financing, plans or performance, other than statements contained in materials Packed has published or approved in writing; (ix) publish Affiliate Content that is false, deceptive, defamatory, hateful, harassing or violent, that promotes illegal activity, or that infringes or misappropriates any third party’s intellectual property, publicity or privacy rights, including the trademarks, characters, logos or card images of any trading card game publisher, sports league, players’ association or other rights holder; (x) impersonate Packed or any of its personnel, operate any account, page, group, community or support channel that a reasonable person could mistake for an official Packed channel, or respond to user complaints or inquiries on Packed’s behalf; (xi) promote the Packed Service in any jurisdiction in which the Packed Service is not offered or in which such promotion would be unlawful; or (xii) issue any press release or make any statement to the media, any regulator, any payment network or any investor on Packed’s behalf or purporting to speak for Packed.

You represent and warrant to Packed that (i) you have full right, power and authority to enter into and fully perform your obligations under these Terms, (ii) your acceptance of and performance under these Terms do not conflict with any other agreement to which you are a party or by which you are bound, including any agreement with a platform, network, employer or other affiliate program, and (iii) all information you provide to Packed, including registration, channel, audience, payout and tax information, is complete, accurate and current.

You further represent, warrant and covenant to Packed that (i) you will comply with all applicable laws, rules and regulations applicable to your activities and obligations hereunder including, but not limited to, laws governing unfair trade practices, bribery, corrupt practices, deceptive or misleading advertising, sweepstakes and promotions, privacy and data protection, and will create, maintain and retain all records and documents reasonably necessary to demonstrate your full compliance with each such law, rule and regulation; (ii) without limiting the foregoing, you will comply with all Federal Trade Commission rules, regulations, guidelines and best practices, including with respect to disclosure of your relationship with Packed in connection with the Affiliate Link; (iii) you will conduct your business in a manner that reflects favorably at all times on the Packed Service and the good name, goodwill and reputation of Packed; (iv) you will not directly or indirectly issue or communicate any statement that maligns, denigrates or disparages Packed, any of its products or services or any of its officers, directors or employees; (v) you will not make any false or misleading representations with regard to Packed or the Packed Service; (vi) you will not make any representations, warranties or guarantees with respect to the specifications, features, functionality or results of the Packed Service; and (vii) you will comply with Section 5 and with any brand, content or channel guidelines Packed provides.

Packed may suspend or terminate your participation in the Affiliate Program, disable your Affiliate Links, and terminate these Terms immediately and with or without notice if: (i) you breach these Terms; (ii) Packed reasonably suspects fraud, invalid traffic or any conduct prohibited by Section 5; (iii) your continued participation would, in Packed’s sole discretion, expose Packed to legal, regulatory, payment network, platform or reputational risk; or (iv) you become insolvent, are adjudicated bankrupt under any bankruptcy or insolvency law, have a receiver appointed for your business or property, or make any general assignment for the benefit of your creditors. Packed may also terminate these Terms or your participation in the Affiliate Program for convenience at any time upon notice to your email of record.

You may terminate these Terms at any time by ceasing all use of your Affiliate Links, removing all Affiliate Links and Packed Marks from your channels, and closing your Affiliate Program account. Upon any termination or expiration, all licenses granted to you terminate and you will promptly, and in any event within five (5) business days, remove all Affiliate Links and Packed Marks from your channels. You will be entitled to the Revenue Share only on those Converted Registrations successfully completed as required herein before termination or expiration, subject to Sections 3.2, 3.3 and 6. If Packed terminates for any reason described in clauses (i) through (iii) of Section 9.1, Packed may withhold and forfeit all unpaid Revenue Share to the extent permitted by applicable law.