Partner Program Terms

These Partner Program Terms (the "Terms") govern participation in the Mountain Pumpkins partner program. They are an agreement between you ("Partner") and Mountain Pumpkins LLC, a Utah limited liability company ("Mountain Pumpkins," "we," "us"). You accept them by accepting or using a Partner Code. If you would rather have a countersigned copy on file, ask and we will send one.

1. Purpose

Partner agrees to refer potential customers to Mountain Pumpkins. We issue Partner a unique, human-readable code (the "Partner Code") that customers may enter when they build an order on our website, or that is applied automatically when a customer arrives through Partner's QR code or referral link. The Partner Code is used to attribute bookings to Partner.

2. The Partner Code

We issue one Partner Code to Partner. The customer-facing discount attached to it, if any, is set by Mountain Pumpkins and is stated when the code is issued. Only one code applies to any order: if a customer applies a different code, it replaces the Partner Code and the order is no longer attributed to Partner. We may pause, expire, or reissue the Partner Code at any time. Partner may share the Partner Code verbally, in print, and on social channels, but may not use paid search advertising on Mountain Pumpkins trademarks and may not misrepresent the offer.

3. Partner compensation

Compensation is a referral fee equal to ten percent (10%) of the net amount the customer pays Mountain Pumpkins for the referred design order. "Net" means the design price actually paid after any discount applied at checkout, and does not include sales tax or any amount later refunded or charged back. The same rate applies to every Partner category.

How the fee is paid is Partner's choice. Partner may take it in cash, have it held as credit toward a display of Partner's own, or have Mountain Pumpkins donate it in Partner's name to a cause Partner names. Partner selects this when the Partner Code is issued and may change it at any time on written notice (email is sufficient), effective for compensation not yet paid. Where Partner directs the fee to credit or to a donation, no cash is paid to Partner, the Form W-9 in Section 11 is not required, and no Form 1099 is issued to Partner. Where Mountain Pumpkins makes a charitable donation, the donation is made by Mountain Pumpkins and any resulting tax deduction belongs to Mountain Pumpkins, not to Partner.

4. When compensation is earned

Compensation is earned only on an attributed order that is (a) completed, (b) paid in full, and (c) past the refund and cancellation window with no refund or chargeback outstanding. No compensation is owed before all three conditions are met. This timing is aligned to our Refund and Cancellation Policy.

If an attributed order is later refunded or charged back, no compensation is owed on that order. Any amount already paid to Partner for that order is repayable on demand, and we may offset it against future compensation owed to Partner.

5. Use of the Partner Code, and fraud

Partner may redeem the Partner Code on Partner's own purchases, and may encourage friends, family, and clients to use it. How a referral came about does not affect whether it is payable. Section 4 is what protects both parties here: compensation is earned only on an order that is completed, paid in full, and past the refund and cancellation window, so an order that is cancelled, refunded, or charged back pays nothing regardless of who placed it or why.

We may still void attribution and withhold or claw back compensation for any order we reasonably suspect involves payment fraud, a stolen or disputed payment instrument, an order placed with no intention of taking delivery, or misrepresentation of the offer by Partner. The restrictions in Section 2 continue to apply.

6. Real estate licensees

Licensed real estate agents and brokers earn the same referral fee as every other Partner under Section 3. What we provide is porch and seasonal display design.

This is not a settlement service. The Real Estate Settlement Procedures Act (RESPA) prohibits fees for the referral of settlement-service business in connection with a federally related mortgage loan. "Settlement service" is defined at 12 CFR 1024.2(b) as a service provided in connection with a prospective or actual settlement, followed by fifteen enumerated categories: loan origination, mortgage brokerage, services related to origination or funding, title services, attorney services, document preparation, credit reports and appraisals, inspections, conduct of settlement, mortgage insurance, hazard insurance, mortgage life insurance, real property taxes, services rendered by a real estate agent or broker, and any other service for which a settlement service provider requires a borrower or seller to pay. Seasonal porch decor is in none of them. The final catch-all does not reach it either: Mountain Pumpkins is not a settlement service provider, and no borrower or seller is required to pay for a porch design.

Nothing under these Terms is offered or paid in exchange for the referral of any settlement service, for the placement of any loan, or in connection with the closing of any real estate transaction. Compensation is earned solely on a completed design order, never on a property transaction, and is not tied to whether any listing sells. No amount payable under these Terms will be paid out of closing funds, itemized on a settlement statement, or made contingent on a closing date.

Utah licensing law. Utah Code 61-2f-305 provides that an associate broker or sales agent may not accept valuable consideration "for the performance of an act specified in this chapter" from anyone other than the principal broker with whom they are affiliated. The acts that chapter specifies are the licensed ones: selling or listing real estate, buying, exchanging or auctioning real estate or an option on it, property management, assisting or directing in the procurement of prospects for or the negotiation of a transaction, assisting or directing in the closing of a real estate transaction, and foreclosure rescue. Referring a homeowner to a decor vendor is none of those, and the fee under these Terms is not paid for any of them.

Broker consent, and why we ask for it anyway. Many brokerage agreements independently require a licensee's outside compensation to run through the brokerage, whatever the statute says. That is a matter between Partner and Partner's broker, and we would rather not be the reason a licensee breaches it. So before we make any cashpayment to a Partner who holds an active real estate license, Partner will provide either (a) written confirmation that Partner's brokerage permits Partner to be paid directly, or (b) the brokerage's payment details, in which case we pay the brokerage. This does not apply where Partner has directed the fee to credit or to a donation under Section 3, because no consideration is paid to Partner at all.

Disclosure.Utah Admin. Code R162-2f-401a(16) requires a licensee to disclose in writing to each party to a transaction any compensation, in addition to any real estate commission, that will be received in connection with a real estate transaction. Where Partner refers a client in connection with a live transaction, Partner will make that disclosure. Partner is responsible for Partner's own professional obligations, including any additional requirement imposed by Partner's brokerage or by the real estate commission of any state in which Partner is licensed.

7. Disclosure obligations (FTC Endorsement Guides)

Partner agrees to comply with the Federal Trade Commission (FTC) Endorsement Guides. When Partner promotes Mountain Pumpkins, Partner will disclose Partner's material connection to Mountain Pumpkins in a way that is clear, conspicuous, unavoidable, and in the same communication and medium as the endorsement. For video, the disclosure must appear in the video itself and in the caption, not in hashtags only. A simple statement such as "I partner with Mountain Pumpkins" placed where it cannot be missed will satisfy this.

Partner will not present the relationship as an independent or unbiased opinion, and will not make false or unsubstantiated claims about Mountain Pumpkins or its services. We may require Partner to correct or remove any post that does not comply with this Section, and repeated non-compliance is grounds for termination. Partner is solely responsible for its own posts and claims and will indemnify Mountain Pumpkins for any loss arising from them.

We provide written disclosure guidance at onboarding and periodically review Partner's public posts about Mountain Pumpkins during the season. This review protects both parties: under the 2023 revision of the Endorsement Guides, an advertiser can face liability for an endorser's undisclosed material connection, and an indemnity does not cure that exposure.

A partner who takes the fee as credit or as a donation still has a material connection to disclose. So does a partner whose only benefit is the discount they hand out. The duty follows the relationship, not the cash.

8. Trademark license

We grant Partner a limited, revocable, non-exclusive, royalty-free license to use the Mountain Pumpkins name, logo, and other marks (the "Marks") solely to promote the referral relationship under these Terms, subject to any brand guidelines we provide. This license is revoked automatically on termination. All goodwill arising from Partner's use of the Marks inures to the benefit of Mountain Pumpkins. Partner may not run paid search advertising that bids on the Marks.

9. Marketing conduct

Partner will comply with the CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA). Partner will not send unsolicited bulk email and will not send automated text messages without the recipient's prior consent.

Reviews.The FTC Rule on the Use of Consumer Reviews and Testimonials (16 CFR Part 465) carries civil penalties. Partner will not write, post, procure, or arrange any review or testimonial that misrepresents the reviewer's experience with Mountain Pumpkins or the reviewer's relationship to Mountain Pumpkins, will not suppress or discourage negative reviews, and will not offer or accept anything of value conditioned on a review expressing a particular sentiment or rating. Asking a customer for an honest review is permitted; paying for a positive one is not.

10. Independent contractor

Partner is an independent contractor. These Terms do not create an employment, agency, partnership, or joint-venture relationship. Partner has no authority to bind Mountain Pumpkins or to set prices, terms, or commitments on its behalf.

11. Taxes

Partner is responsible for all taxes on any compensation received under these Terms, cash or otherwise. Where compensation is paid to Partner in cash, Partner agrees to provide a completed IRS Form W-9 before the first payment, and we will issue a Form 1099-NEC where required. We collect the Form W-9 from every cash-paid Partner regardless of the reporting threshold, because the form is also how we determine whether Partner is an exempt payee, and because payments made without a taxpayer identification number on file are subject to backup withholding.

Where Partner has directed compensation to credit or to a charitable donation under Section 3, no cash is paid to Partner, no Form W-9 is required, and no Form 1099 is issued. Credit applied to a display of Partner's own has value and Partner remains responsible for Partner's own tax treatment of it.

12. Term and termination

These Terms begin when Partner accepts a Partner Code and continue until terminated. Either party may terminate at any time, with or without cause, on written notice (email is sufficient). On termination, the Partner Code is deactivated. Compensation earned under Section 4 on valid bookings before termination remains payable.

13. Confidentiality

Each party will keep the other's non-public business information confidential and use it only to perform these Terms.

14. Limitation of liability

To the extent permitted by law, neither party is liable to the other for indirect, incidental, or consequential damages. Mountain Pumpkins' total liability under these Terms will not exceed the greater of (a) the compensation paid to Partner in the prior twelve months or (b) five hundred dollars ($500).

15. Governing law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules.

16. Survival

The following survive termination: Section 11 (Taxes), Section 13 (Confidentiality), Section 14 (Limitation of liability), Section 15 (Governing law), and any clawback and repayment obligations under Section 4.

17. Changes and entire agreement

These Terms, together with any code-specific rate and discount we state when the Partner Code is issued, are the entire agreement between us on this subject and supersede prior discussions. We may update these Terms; the effective date at the top changes when we do, and material changes will be sent to the email address on Partner's account. Continued use of the Partner Code after a change means Partner accepts it. Compensation already earned under Section 4 is settled on the terms in force when it was earned.

Contact

Questions about these Terms, a change to how your fee is paid, or a request for a countersigned copy: hello@mountainpumpkins.com.

Buying a display rather than referring one? See our Terms of Service and Refund and Cancellation Policy.