Terms & Conditions
Last updated: Nov. 20, 2023
Please read these Terms and Conditions ("Terms" or "Terms and Conditions") carefully before using Holler Commerce ("Service") operated by GoWild Alpha Inc., DBA Holler Commerce (“Company,” "Us," "We" or "Our").
We use the term “Customer” to describe anyone shopping on the platform. We use the term “Creator” to mean anyone who has created a shop with the intention of selling products.
Your access to and use of Service is conditioned on your acceptance of and compliance with Terms. Terms apply to all visitors, users and others who access or use Service.
By accessing, downloading or using Service you agree to be bound by Terms. If you disagree with any part of Terms then you may not access Service.
Children Younger Than 18: Your Parents Must Agree
You must be at least 18 years old to use our platform. We do not knowingly work with anyone who is under the age of 18.
Content
Our Service allows you to post, link, store, share and otherwise make available information, text, graphics, videos or other material ("Content"). You are responsible for Content posted on your account, so it is imperative you never share your login credentials with anyone. While you always own your Content, you do acknowledge that the Company may use screenshots of Service or Content within Service for marketing efforts and your Content may be used in these efforts. Company will not sell the rights to your photos, and will not sell your photos for advertisements to Vendors (as defined below).
You acknowledge:
- The Company cannot control what others may do with posted Content within Service and therefore acknowledge that Company is not responsible if any person or entity reposts your Content to its service, another social platform or any other media, including but not limited to print advertising, television advertising, social media accounts, brochures, websites or videos. If you believe your content has been stolen, please email a screenshot of the post and the offending member's name to hello@hollercommerce.com with the subject line "Reported Content Theft." Please provide proof of ownership and a detailed account of what has happened.
- Customers may use a Gear functionality that allows you to share what products you are using. Your image, name and content may be represented on the product display pages for gear you tag or review. Customers will not be paid commissions from any gear sold and are not owed modeling rights. By using the platform and tagging Gear, Customers acknowledge consent. This feature is active for all profiles at all times and can only be deleted by deleting your account.
- In order to help other outdoorsmen and women learn, all content is Public.
- Your reviews may showcase on other websites powered by GoWild Alpha Inc. and/or Holler Commerce.
- You will only post content that you have the rights to. If you post content that is not yours we reserve the right to delete your account.
Content Guidelines
Company is an open community where We value people's rights to differing opinions and perspectives. We respect other people's views and their right to share it and expect you to do the same. You agree that by using Service you will not post Content or take any action on Our Service that attacks other users or their Content, or infringes or violates someone else's rights or otherwise violates the law. If you believe a piece of content violates our terms of service, you can report the post via hello@hollercommerce.com, and our team will review within 48 hours. We can and will remove content that violates these rules. Offenders may not receive a warning.
In the event the Company sees repeated spam posts or fake reviews, We may delete your account, which includes all of your content and any rewards, points or discounts associated with your account. You are not entitled to a warning.
Content Definition
Content may be content posted on the platform via comments on products, gear carousel names, profile bios, posts or any future functionality that may allow a Creator or Customer to share content. Content can be generated by both Creators and Customers.
Content - Harassment
Harassment, sexual harassment, intimidation or bullying of Users of the platform is not accepted. Any type of harassment may result in a warning, deletion of content, suspension or deletion of your account altogether. Hate speech of any kind is not tolerated and may result in immediate deletion of your account. Hate speech is defined as "abusive or threatening speech or writing that expresses prejudice against a particular group, especially on the basis of race, religion, or sexual orientation.”
Everyone enjoys the outdoors differently, and we accept and encourage a wide range of content, as long as it's legal behavior. Illegal behavior may be removed if reported or discovered by our team, and may result in deletion of your account.
Examples of this type of harassment:
- Bullying someone about an outdoor accomplishment
- Bullying someone for legally keeping fish you personally would have not kept
- Bullying someone over their choice of gear
- Bullying someone for their conservation contributions or donations
If you are being harassed, please report to hello@hollercommerce.com, subject: "Harassment Report." Please include a link to the page and screenshots. If you believe your account was wrongfully deleted, contact us at hello@hollercommerce.com, subject: "Wrongful Deletion." Please know these accounts cannot and will not be recovered, but we can use the information for future cases. We do not store any deleted data and therefore we can not recover any deleted accounts, whether deleted by the User or the Company.
Content - Theft, Spam, Pornographic, Suspicious
For both Customers and Creators, please know you do not have the right to a warning if you violate this content guideline. If an account is reported numerous times for a single or multiple instances of inappropriate content, We may delete the account. Pornographic content will result in immediate deletion of the account. If you solicit members to contact you outside of our messaging platform, such as via Google Hangouts or email, your account may be deleted if it is deemed suspicious. If you solicit members to buy crypto currency, your account will be deleted. If your account is using stolen imagery, known spam emails, known spam communication tactics or otherwise suspicious behavior, you will be deleted. Accounts less than 7 days old with any suspicious phishing behavior will be deleted immediately. Accounts older than 7 days will be reviewed by an internal team, and still may be deleted if deemed suspicious. Posts with misleading or maliciously false information may be taken down. Accounts promoting mass generic or promotional content, via either reviews, posts or direct messages, may be deleted without warning; this includes but is not limited to excessive promotion of other social platform links, links to other websites, promoting sponsors or any other behavior We deem unnatural, unsolicited or spammy. We cannot verify or guarantee the truth or quality of any information found on the platform, but the Company does make an effort to remove known maliciously false content, content that may put someone else in harm's way, or content that is intentionally misleading.
Content - Politics
Our platform is not intended for the discussion of politics, but political content is sometimes shared by members of the platform, typically in how it relates to outdoor regulation, conservation, etc. We cannot verify the truth of all political or legal claims. If content is shared and subsequently reported, and that content is found to contain blatant falsehoods or intentionally misleading claims, the content may be removed. Repeat offenses of this type of content may result in the deletion of this user's account.
Just as the platform is for all types of outdoorsmen and women, we are bipartisan in our content rules. The platform is for social engagement and education as it relates to the outdoors first and foremost, and the outdoors is for everyone. Likewise, political discourse that is civil is not a violation of terms. Repeated offense of politically charged insults and targeted aggressive language at other users may result in the deletion of content and/or your account. While civil discourse is allowed, excessive chastising, bullying, taunting or name-calling towards someone for their political views is not allowed. You are not entitled to a warning. Political harassment may result in deletion of your account.
Content - Religion
Members are free to share religious beliefs on the platform. Any chastising, bullying, taunting or name-calling towards someone for their religious views is strictly forbidden and is considered hate speech. You are not entitled to a warning. Religious harassment and hate speech may result in deletion of the offending account.
Content - Illegal Behavior
We reserve the right to report illegal activity found on the platform to the proper authorities if someone may be in danger or an animal has been illegally harmed or taken. Examples of such content are: encouraging or coordinating violence, activity deemed illegal by the department of natural resources, or coordinating terroristic acts.
Content - Intellectual Property
If you believe your intellectual property (“IP”) has been stolen through Company's Service, please contact us at hello@hollercommerce.com with a detailed description of the problem, account that has stolen your IP and a description of that IP. Users who continue to steal and infringe on IP rights will be deleted.
If a Creator or Customer collects information from someone else on Service (examples being photos, captions, etc.) then it is expected that the user will ask for permission, obtain written consent, and make it clear why it wants to use Content. We are not responsible for content stolen from the platform.
Content - “Doxing”
You agree that by using Service you will not post anyone's identification documents, home address, phone number, social security numbers, license plate numbers, payment information or other sensitive information on the Service. Posting private information on the platform will result in the deletion of the offending account.
Marketing Communication
By default, you agree to subscribe to marketing email communications from the company. You may unsubscribe upon receipt of the first email by visiting the footer of the email and clicking “unsubscribe.” These emails could include updates about the app, brand partner advertisements, gear promotions or other notifications.
If we are using an app for this product, push notifications for the mobile app are controlled by your phone's settings. You can opt in and out of these notifications as you please through your phone's notifications settings.
Creator’s Content Outside of the Platform
All Creator shops will go live upon sign up, but we reserve the right to review all Creators upon sign up. Our team reviews Creators shops as well as their other social media accounts to ensure Creators are following our content guidelines and beliefs on other platforms. We reserve the right to remove any Creator who is deemed to not be a fit for our product or brand.
While we intend to work with a wide range of Creators of all backgrounds, we will not allow Creators to use and therefore monetize our platform if their content on other platforms violates the terms mentioned above, including but not limited to our policies on Harassment, Sexual Harassment, Doxing, Religious or Political views, Pornographic content and more. Creators may or may not receive a warning before deletion. Any Creator affiliated with hate or extremist groups will be removed. Creators posting about or creating content about illegal activity or activity we deem unethical outside of the Holler platform will be deleted and banned without warning.
Brand blocking
If a brand decides to not allow a Creator to sell their product, we will remove the brand from the Creator’s access. The Creator is not allowed to reach out to the brand directly, and doing so will result in immediate termination of your account.
Recreating accounts
Any Customer or Creator who is deleted for cause and recreates an account will be deleted. Bans are lifetime bans unless approved in writing by the CEO. If you were wrongfully deleted, you can plead your case to the CEO at brad@hollercommerce.com. Doing so does not guarantee response, acknowledgement, or reactivation.
Company's Intellectual Property Rights
Service is owned and operated by GoWild Alpha Inc, DBA Holler Commerce. All of the Content (excluding user-generated content on the platform) that is displayed and/or downloadable on this Service, including photographic images, graphic images, text, captions, video, audio-visual files, digital files and software, and all of the features of this Service, including Company's designs, trade dress, logos, pages, audio and/or video material, text, data, information, software, data compilations, digital downloads, icons, programming code, and products or services (collectively, “Company's IP”) obtained from Service is the exclusive property of Company. Company's IP is protected by state, national and international laws, including copyright, trademark, trade dress and other intellectual property laws. All of the Company's IP accessed or downloaded by you (whether or not such access or download was authorized) transfers no right, title or interest in or to Company's IP rights therein. All right, title and interest in and to such Company's IP shall remain the exclusive property of Company. None of Company's IP may be used, copied, displayed, transmitted or otherwise exploited via any means except as expressly permitted herein. Company hereby expressly reserves all rights in relation to Company and Service not expressly granted herein.
For the protection of Company's IP, Company may use electronic measures to protect Company's IP and Service. You agree not to, nor attempt to, disable or interfere with any such measures. Any circumvention or interference with such measures may result in civil and criminal penalties.
Advertising
We may allow advertising on the platform. We strive to deliver advertising and sponsored Content that's not just present, but useful. We want members to find the advertisements and sponsored Content on Our Service to be interesting and beneficial. In order to help Us accomplish a better advertising experience, you agree to the following: you give Us permission to use your name, profile photo, public-facing content and information in connection with your Content (such as products you log publicly as your gear or activities you participate in). This means you acknowledge permission for the Company to display your name and/or picture with Content paid for by advertisers without any compensation or royalties paid to you, and likewise allow the company to showcase your profile, content and reviews on product display pages. Again, this is how the service is provided for free. We will do our best to identify paid content and services as advertisements or sponsored. You agree that you understand We may have content that is sponsored.
Purchases
If Customers purchase any product or service made available through Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, billing address, mailing address, credit card number and related information. Your credit card information is not stored with the Company but is encrypted with Stripe, a secure payment processor, so your information is always stored within a third-party vendor (“Vendor”). By making a purchase, you give Company permission to process your card with Vendor's assistance. You acknowledge Company does not store this data or keep a record of it and is therefore not responsible for the database in which it is housed.
Our Service is free, but please be aware that your telephone carrier's normal rates and fees (i.e. text messaging and data charges) will apply as you consume data through Service.
Customers acknowledge that Creators will get a cut of their purchase. Customer does not have control over the amount contributed. Creator payments are decided by the company’s most recent agreement with the Creators.
Creator Payments
How Payouts are Calculated
Creators receive 35% of the gross profit of each item sold that is not returned or canceled. Gross profit is defined as gross sales minus cost of goods sold. Gross sales is defined as the total amount of money collected for the item sold from the customer. Cost of goods sold is defined as all the direct costs associated with selling the item. Holler Commerce includes the wholesale cost to procure the item, payment processing fees, sales taxes and shipping costs as the direct costs associated with selling an item. Items sold become eligible for payout once its return window has closed.
For example, if an item is purchased from a Creator’s Holler Commerce store generating $100 in gross sales. Furthermore, the cost of goods sold for that item that was purchased totals $70. As a result, you would be eligible to receive a $10.50 payout (($100 - $70)*0.35) for that item as long as the item is not canceled or returned within the allowed timeframe.
Receiving payouts
Payments to creators are issued within the first three business days of each month. This is referred to as the payout date. On the payout date, commission income is issued to creators for all new eligible sales. New eligible sales are defined as items sold in your Holler store that have not previously been issued commission income and the payout date is at least 61 days after the date the items were sold. Items sold that are returned or canceled in accordance with Holler Commerce policies are excluded from new eligible sales and will not be issued commission income. A minimum threshold of $10.00 (ten) USD in commission income must be met in order for a payout to occur on the payout date. If the minimum threshold is not reached, the unpaid balance will carry forward to the next payout date. Creators must have their tax information on file with Holler Commerce before payouts can be made.
Subscription impact on payments
If creators do not pay their subscription for any reason (credit card expires, credit card is canceled, etc.), their shop will remain active but the creator will not be eligible for payouts during the period in which the subscription is inactive. There will be no “catchup payments” for sales closed if the shop’s subscription was not active. There are no exceptions.
Creator Tax Documents
Creators cannot be paid if they do not have tax documents on file with the company. If you are having issues with payouts or saving your tax information, please reach out to brad@hollercommerce.com.
USA Only
Our service is only available for Customers and Creators in the United States of America.
Shipping
Company strives to get orders shipped as fast as possible and as cheap as possible. Shipping usually takes 2 to 5 business days. There will be times when delays happen but when they do Company does its best to communicate and make it right with the customer.
Returns & Refunds
100% Satisfaction Guaranteed
To expedite shipping, once orders are placed no changes may be made to an order. However, once you receive your product you can return it.
If you're not satisfied with your purchase, you can return it for a refund within 60 days of purchase.
To arrange for a return, please contact support@hollercommerce.com. If your order qualifies as a return, you will be provided a prepaid return label. You will have 21 days once the label is created to mail the product back. All returns must be shipped within three weeks of receiving the return label. An attempt to use a return label after 3 weeks could result in a lost or destroyed package, leaving the customer liable. If you need additional time after the initial label has been supplied, please reach out to customer service for a new label.
Satisfaction Guarantee policy doesn't cover ordinary wear and tear or damage caused by improper use or accidents.Returns that are in line with our terms will go back onto the same payment method used at checkout. Gift cards and Rewards cannot be redeemed for cash or refunded to a credit card. Gift card refunds will only go back to a gift card. Shipping and Handling charges for Non-Members ($8) will not be refunded.
Returns Bulky Items or Heavy Items
Due to the size and weight of the product, bulky or heavy items will have up to $50 deducted from the return to cover shipping, handling and restocking. This generally applies to products over 25 pounds shipping weight and/or packages larger than 30" in any one dimension.
Subscriptions
While Company does not offer any subscriptions at this time, you agree that any future subscriptions (“Subscription(s)”) you may sign up for will be billed on a periodic basis, based on your agreement with Company. You will never be opted into subscriptions without your consent.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. Company has no control over, and assumes no responsibility for, content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Gift cards
Gift cards are non refundable.
SMS / MMS Mobile Message Marketing Program
We may occasionally offer you early access to our own products or exclusive deals via text. These offers will be infrequent, and only when special product releases or other special offers are in place. Don't worry—we're not going to spam you. But, the government and the attorneys require a lot of language around these programs. In short, if you aren't interested, just opt out on that first text. It's easy. Otherwise, stay signed up as a fun way to find out about new products.
We are offering a mobile messaging program (the “Program”), which you agree to use and participate in as part of our terms of service. By opting in to or participating in any of our Programs, you accept and agree to these Terms and Conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: You will be able to easily opt out on the first message. The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in. No additional consent is required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that failing to follow opt out instructions may not result in you opting out of the service.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these Terms and Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@hollercommerce.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You agree that you are of eighteen (18) years of age and eligible to make any purchases via the platform. You also acknowledge and agree that you are permitted by your jurisdiction's Applicable Law to use and/or engage with the Platform.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us. or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Kentucky before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which our principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years' experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA's rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys' fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Changes
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will do our best to let you know.
Contact Us
If you have any questions about these Terms, please contact us at hello@hollercommerce.com.