1. Introduction

The customer loyalty initiative, known as the Madhappy Membership program ("the Program"), is provided by Madhappy, Inc. ("Company") to its patrons who shop at Madhappy stores and through the Company's digital commerce platform ("Website"). The Company intends to offer certain benefits and privileges outlined in greater detail within this document, along with other promotional opportunities that might be introduced intermittently. These stipulations and agreements (hereafter referred to as "Terms and Conditions") constitute the contract ("the Agreement") between the Member ("Member") and the Company in relation to the Program. When utilizing the Program or the Website, the Member is also bound by the relevant terms of use of the Website, including the Madhappy Website Terms of Use. In circumstances where discrepancies arise between this Agreement and any terms of use on the Website, this Agreement takes precedence.

1.2 Acceptance of Terms

By engaging in the Program, the Member concurs with the terms and conditions, rules, regulations, policies, and procedures of the Program. This includes but is not limited to these Terms and Conditions and the clauses that necessitate arbitration of all conflicts on an individual level (that is, not as a class action). Each Member bears the responsibility for staying informed about the Program's Terms and Conditions. The Company retains the authority to disqualify Members who breach any of these Program Terms and Conditions.

2. Right to Change/Cancel Program and/or Terms

At its discretion, the Company holds the right to modify, limit, or alter the Program's structure or any other attribute of the Program, including but not limited to the tiers, Points (as defined in section [6]), or other benefits offered under the Program; the manner in which Rewards (as defined in section [6]) or other benefits are earned, computed, or redeemed; or the expiration date of Points or Rewards. The Company reserves the right to alter or modify these Terms and Conditions or discontinue the Program entirely, at any point in time and for any reason, without prior notification. Any further details regarding the Program and updates to the Program (including these Terms and Conditions) will be posted here, with the "Last Updated" date being modified accordingly. The Company may also inform the Member about these changes via email. The Member's ongoing involvement in the Program signifies the Member's agreement to such modifications.

3. Membership Eligibility

The Program is available to residents of the U.S. who are at least 18 years of age, residing within the fifty (50) United States and the District of Columbia. There is no cost associated with becoming a Member.  No initial purchase is necessary for membership. Membership is restricted to individuals exclusively, and each individual is permitted to hold only one account. The Program does not extend memberships to corporations, businesses, charities, partnerships, or enterprises, or any entity other than an individual, unless the Company provides written approval in advance at its discretion.

4. Membership Enrollment

Individuals can become members by establishing an account on madhappy.com. It is incumbent upon the Member to provide comprehensive and correct enrollment details. The Company retains the right to decline membership to any customer who fails to adhere to the prescribed enrollment procedures. Periodically, the Company may elect to provide incentives and promotions to encourage enrollment. Members are encouraged to promptly notify the Company of any alterations to their personal account contact details, including name, address, telephone number(s), and email address. This can be done by visiting www.madhappy.com/login and updating their Member account.

5. Program Communications

Unless the Member has chosen to opt-out from receiving promotional communications, the Company may, at its discretion, engage with Members with marketing via mail, email, and other platforms. This can include information about special Member promotions, offers, and more. The Company may also employ these platforms to communicate Member tier status, notify Members when they are eligible for a benefit or Reward (defined in Section [6]), relay changes to the Program, and more. Please be aware that even if the Member decides to opt out of receiving marketing or promotional communications, the Company may continue to send the Member non-marketing or non-promotional emails, such as those concerning the Member’s account or our ongoing business relations.

6. Earning Points

Members will accumulate reward points ("Points") in their Member account via Eligible Purchases (defined below) and engagement in other distinct programs and promotional offers which the Company or its third-party partners may announce intermittently. The conditions, requirements, and details for earning Points are as follows:

Eligible Purchases: Purchases of merchandise and/or services (post application of promotional offers, pre-application of taxes and shipping charges, deducted returns, refunds or credit adjustments, rounded to the nearest dollar) made at any Madhappy store in the United States or online at the Website and shipped to the continental U.S. and U.S. P.O. Boxes ("Eligible Purchases") contribute towards the Member’s Point accumulation and tier status. Eligible Purchases must be made utilizing the Madhappy Membership email address.

• Unless otherwise stated in a promotional offer by the Company, Members will receive one Point for each one dollar ($1 USD) spent on Eligible Purchases at a Madhappy store or on the Website (the number of Points earned is subject to change; refer back to the Terms and Conditions for updates).
• Exclusions from Eligible Purchases: Points will not be awarded for unauthorized or fraudulent purchases. Any purchases made with gift cards, Rewards, and/or free benefits under the Program (e.g., monogramming) as the payment method will not contribute to Member Point accumulation or tier earnings. Points will not be awarded if, in the Company’s reasonable opinion, the merchandise or services bought will be used for resale or commercial use, and any Points awarded on such purchases will be forfeited. Additional items may be exempt from Point, tier, and Rewards accumulation at the sole discretion of the Company.
• Email Address: A current, valid email address is required for a Member to participate in and earn Points associated with the Program. Members must notify the Company of any changes to their email address by updating their Member account information online as described in the "Membership Enrollment" section above.
• Identification at Transaction: Members must provide their applicable Member account email address to receive credit and/or perks and privileges for Eligible Purchases made at participating Madhappy stores and on the Website. Specifically, Members must provide the email associated with their Membership to the cashier at a participating Madhappy store or log into their online account before checkout for online transactions to receive spend credit and/or benefits.

Processing of Points: Points earned through Eligible Purchases will be processed and added to the Member’s account thirty (30) days after (i) in-store purchase or (ii) the madhappy.com ship date.

• Promotional Offers: The Company, its agents, or third-party partners may periodically present other special programs and promotional offers for earning Points at the Company's discretion. Such offers will also be subject to the terms and conditions specified in the promotional offer.
• Point Balance: Members can view their Point balance at any time by visiting their Member account page.

6.1 Returns

Points earned from a purchase are deducted in the event of a return, refund, or other credit and will be deducted from the Member’s account in an amount equal to the Points earned for the original purchase.

7. Right to Revoke

The Company holds the right to withdraw the membership of any Member in the Program and/or retract any or all benefits to which the Member may be entitled if, in the sole opinion of the Company, a Member misuses any of the Program privileges, employs the Program fraudulently, fails to abide by these Terms and Conditions, or otherwise secures benefits through deceit, forgery, and/or fraud. If the Company decides to cancel the Member’s membership or discontinue the Program for any reason, all Points, Rewards, or other benefits accumulated in the Member’s account will be forfeited.

8. Opt Out

the Member’s engagement in the Program is voluntary, and the Member can opt to withdraw at any point by contacting us at Hello@Madhappy.com. Should the Member decide to exit the Program, the Member will lose the ability to access Member Points, rewards, or other benefits accumulated in the Member’s account.

9. No Transfer

Neither Program benefits nor Member accounts can be merged, transferred, purchased, sold, assigned, auctioned, or traded, including but not limited to in the event of death or as part of a domestic relations matter. Undertaking such actions will render the Member account void. Program Points, Rewards, and/or benefits do not carry a cash value and cannot be exchanged for cash.

10. Taxes

The Member assumes responsibility and liability for any federal, state, or local income, sales, use, or other taxes that may arise from the Member's participation in the Program.

11. Governing Law

These Terms of Service and any separate agreements whereby we provide the Member Services shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state of California.

12. Mandatory Arbitration of All Disputes. No Class Actions.

Any dispute connected in any way to these Terms and Conditions or the Company’s Program, including claims based on state or federal statutes, shall be submitted to confidential arbitration in Los Angeles, California. These proceedings will be conducted under the Consumer Arbitration Rules of the American Arbitration Association. As limited by the Federal Arbitration Act (FAA), these Terms and the American Arbitration Rules, the arbitrator will have sole authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court. This includes the power to determine the question of arbitrability. The arbitrator's award will be binding and final, and it may be entered as a judgment in any court of competent jurisdiction.

Under this Agreement, both the Company and the Member acknowledge and agree that they are surrendering their right to a court or jury trial. They further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. However, this provision shall not apply if either the Member or the Company has violated or threatened to violate any intellectual property rights held by the other in any way. In such a case, either party may seek injunctive or other appropriate relief in any state or federal court in the State of California. The Member consents to exclusive jurisdiction and venue in these courts.

12.1 Right to Opt-Out of this Arbitration Agreement.

the Member may opt out of the agreement to arbitrate all Disputes but only within the first 10 days after the primary member enrolls in one of our Membership Programs by sending an email to the Company at Membership@Madhappy.com. The Member’s email must include the Member’s printed name, mailing address, and the words “Reject Arbitration.”

13. Program Benefits and Details

Free U.S. Standard Shipping

• Free shipping valid at madhappy.com on orders shipping to the continental U.S. and U.S. P.O. Boxes only. the Member must be signed in to the Madhappy Membership account at the time of purchase. Offer cannot be applied to previous purchases and cannot be redeemed for cash. Free shipping method is dependent upon tier status and will be automatically applied at checkout. See madhappy.com for full shipping details. Terms of offer are subject to change.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Annual Gift

• Members receive an annual gift of up to $165 USD value upon providing an accurate mailing address. Members must be opted in to receive marketing communications to receive gift redemption email. Additional terms and conditions may apply.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Exclusive Early Access To Releases

• Members earn exclusive early access to all future Madhappy releases and collaborations upon opting in to receive email notifications.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Digital Access To Store Exclusive Products

• Members gain exclusive access to digitally purchase all products released as an in-store exclusive upon launch.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Priority Entry For Store Openings

• Members gain priority entry to all upcoming seasonal shops and flagship openings. Timing subject to change.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Member Only Releases

• Members gain access to exclusive, member only releases throughout the calendar year.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Madhappy Wildcards

• Members will be selected at random to receive Madhappy Wildcards, surprise gifts in the form of products or experiences.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Access To Community Events

• Members gain access to community events hosted by Madhappy throughout the country including, but not limited to, volunteer events, mental health panels, and more.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Madhappy Foundation Donation

• New members create change. We'll donate $10 to The Madhappy Foundation with the purchase of membership. The Madhappy Foundation is a non-profit organization, 501(c)(3) with a mission to improve mental health globally. Through The Madhappy Foundation, 1% of proceeds from every sale benefit our efforts to raise awareness, fund research and positively impact the mental health movement.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Concierge Support

• Members receive high-touch priority support from our Madhappy customer experience team including, but not limited to, all purchase inquiries, past order support, and general questions.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Physical Member Card

• All registered members receive a physical version of their membership card upon mailing address confirmation. Physical cards give members priority access to Madhappy events, store openings, and additional perks.
• This benefit is available to the following tiers; Family, Alumni, and Staff.

Membership Duration

• The Madhappy Family membership will be active for two years from the date of Membership purchase.

Points Per Dollar Spent

• Members will earn more points per dollar spent. Earn points towards rewards as a Madhappy member. Rewards include, but are not limited to, gifts, exclusive product, discounts, and more. 
• Optimist tier receives 1 point per dollar spent. Family tier receives 2 points per dollar spent. Alumni tier earns 3 points per dollar spent. Staff tier earns 4 points per dollar spent.

Custom Holiday Gift

• Members will receive a custom 1/10 holiday gift ($1,000 USD Value) upon mailing address confirmation. Members will have access to the Madhappy customer experience lead to ensure the gift customization (color, monogram, etc) matches their preferences.
• This benefit is available to the following tiers; Staff. 

VIP In-Store Experience

• Members will gain access to our priority check-out line upon shopping in-store & access to place a digital order with a same-day pick up option across Madhappy seasonal and flagship stores (limited to available store inventory at the time of order).
• This benefit is available to the following tiers; Staff. 

Invite-Only Madhappy Experiences

• Members will receive invitations to Madhappy experiences, including but not limited to, store soft opening events, podcast live shows, mental health training and information sessions, and more. 
• This benefit is available to the following tiers; Staff.

VIP Support

• Members will gain access to a direct line to our Madhappy team to support with all questions relating to orders, product care, shipping support, and more.
• This benefit is available to the following tiers; Staff.

Holiday Gift

• Members will receive a holiday gift upon preferred mailing address confirmation.
• This benefit is available to the following tiers; Alumni and Staff.

First Access to Unreleased Product

• Members will receive priority, first access to purchase all upcoming Madhappy releases and collaborations.
• This benefit is available to the following tiers; Alumni and Staff.

Member Only Events

• Members will have the opportunity to learn, explore and connect through access to unique local and digital events, hosted around the continental United States. 
• This benefit is available to the following tiers; Alumni and Staff.

14. Membership Tiers

Madhappy Membership consists of four tiers with varying degrees of benefits, and different costs. The entry level tier, (“Optimist”) requires no purchase necessary. 

14.1 Optimist

The Madhappy Membership Optimist tier is a free membership that allows members to earn points per dollar spent. Optimist Members receive the following benefits; 1 point earned per dollar spent, access to Rewards, access to Badges.

14.2 Family

The Madhappy Membership Family tier is a $250 yearly membership paid in advance and provides Family Members with all aforementioned perks plus the following benefits: Annual Gift ($165 USD Value), Early Access To Madhappy Releases, Digital Access to Store Exclusive Products, Free U.S. Standard Shipping, Priority Entry For Store Openings, Member Only Releases, Madhappy Wildcards, Access to Community Events, Madhappy Foundation Donation, Concierge Support, Physical Member Card.

14.3 Alumni

The Madhappy Membership Alumni tier is a $500 yearly membership paid in advance and provides Family Members with all aforementioned perks plus the following benefits; Holiday Gift ($300 USD Value), First Access To Unreleased Product, Member Only Events.

14.4 Staff

The Madhappy Membership Staff tier is a $1,000 yearly membership paid in advance and provides Staff Members with all aforementioned perks plus the following benefits; Custom Holiday Gift ($1,000 USD Value), VIP In-Store Experience, Invite-Only Madhappy Experiences, VIP Support.

15. Redemption of Points

Points can be used towards eligible purchases made at a Madhappy store or via purchases on the Madhappy website, as determined by the Company. Points are non-transferable, have no cash value, are not legal tender, and do not give rise to any property or other interest whatsoever. Madhappy Points can be used only for redemption on select items.

16. Payment Processing through MoonPay

We utilize technology provided by MoonPay USA LLC (“MoonPay”) to securely and safely process membership transactions. For all information regarding their privacy policy, click here.

17. Contact Us

If the Member has any questions or requests relating to this Privacy Policy and the Company’s practices with respect to personal information, please contact Hello@Madhappy.com. The Member may also mail correspondence to the following address:

Madhappy, Inc.

2301 E. 7th St. 

STE B200

Los Angeles, CA 90023

Attn: Compliance