Terms of Use

+SHOP TERMS OF USE

Last Updated: December 29, 2025

IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND [MARKETNATION, INC. D/B/A +SHOP], A [STATE] CORPORATION (“+SHOP,” “WE,” “US,” OR “OUR”). +SHOP OWNS AND OPERATES THE WEBSITE LOCATED AT HTTPS://SHOPWITHPURPOSE.COM (AND ANY SUCCESSOR OR RELATED DOMAINS) AS WELL AS WHITE-LABELED OR CO-BRANDED STOREFRONTS, WIDGETS, BROWSER EXTENSIONS, MOBILE OR DESKTOP APPLICATIONS, AND OTHER ONLINE SERVICES THAT MAY BE ACCESSED VIA THE WEBSITE OR OTHER MEANS (COLLECTIVELY, THE “PLATFORM”).

BY ACCESSING OR USING ANY PART OF THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (THE “TERMS” OR “TOU”), AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS, AND ANY OTHER TERMS AND POLICIES INCORPORATED BY REFERENCE (INCLUDING OUR PRIVACY POLICY).

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM.

WE MAY CHANGE THESE TERMS FROM TIME TO TIME BY POSTING AN UPDATED VERSION ON THE PLATFORM AND UPDATING THE “LAST UPDATED” DATE ABOVE. YOUR CONTINUED USE OF THE PLATFORM AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS. YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS PERIODICALLY.

 

1. DESCRIPTION OF +SHOP, OCF, BRAND PARTNERS, AND THE PLATFORM

+Shop operates a for-profit online retail and fundraising marketplace (the “Platform”). Through the Platform:

  • +Shop serves as the retailer / merchant of record, selling products and services directly to individuals who shop on the Platform (“Shoppers”);

  • +Shop sources products and services from participating brands, manufacturers, distributors, and suppliers (collectively, “Brand Partners”);

  • Certain organizations, schools, groups, creators, influencers, or other partners (each, a “Shopkeeper”) may host or promote a white-labeled or co-branded +Shop storefront (a “+Shop Storefront”) to encourage Shoppers to purchase from +Shop; and

  • A designated portion of the economics of qualifying purchases (the “Shopkeeper Fee”) may be used by +Shop either (a) to fund charitable donations made by +Shop to Our Change Foundation (“OCF”), and/or (b) to pay commercial commissions or other compensation to eligible for-profit Shopkeepers, as described in these Terms.

+Shop has partnered with OCF, a U.S. 501(c)(3) tax-exempt public charity, to receive charitable donations from +Shop and from Shoppers (in the case of optional direct donations), and to make grants to eligible recipient charitable organizations (“Recipient Organizations”) designated or recommended through the Platform, subject to OCF’s grantmaking policies and applicable law.

1.1 How Purchases and the Shopkeeper Fee Work

When you buy a product or service through the Platform:

  • Your contract is with +Shop as the retailer / merchant of record (even if a Brand Partner fulfills, ships, or provides the product or service);

  • +Shop charges you a Purchase Price (typically excluding taxes, and similar charges), and +Shop earns revenue from the product margin on the sale; and

  • Under its arrangements with Brand Partners, +Shop may allocate a Shopkeeper Fee associated with qualifying sales.

For charitable campaigns and nonprofit/charitable Shopkeepers:

  • +Shop ordinarily structures its arrangements so that the Shopkeeper Fee associated with a qualifying purchase enables +Shop to make a donation of at least five percent (5%) of the eligible Purchase Price (or such higher percentage as disclosed for a given offer or campaign) to OCF, subject to caps, exclusions, returns, chargebacks, and other adjustments described in these Terms.

For for-profit Shopkeepers and commercial campaigns:

  • Some or all of the Shopkeeper Fee may instead be used by +Shop to pay commercial commissions, incentives, or other compensation to eligible for-profit Shopkeepers and is not treated as a charitable donation.

The exact percentage, amount, and eligibility of the Shopkeeper Fee and related donations or commissions may vary by product category, Shopkeeper, campaign, and other factors. +Shop may display estimated or typical percentages or amounts in connection with specific offers or campaigns, which are subject to change as permitted by law.

Shoppers do not pay a higher retail price to fund +Shop’s donations. Any donation by +Shop to OCF related to a purchase is funded from +Shop’s own revenue and product margin, including the Shopkeeper Fee, and not as a surcharge added to the Shopper’s price.

1.2 Role of Shoppers

Shoppers:

  • Purchase products and services directly from +Shop via the Platform;

  • May shop through a +Shop Storefront associated with a particular Shopkeeper, campaign, or Recipient Organization;

  • May select or confirm a Recipient Organization to be associated with +Shop-funded donations tied to their eligible purchases; and

  • May optionally add a separate, direct cash donation to OCF at checkout, where available.

Purchases from +Shop are commercial transactions. They are not tax-deductible donations. Any charitable donations related to those purchases are made by +Shop to OCF out of +Shop’s own funds.

1.3 Role of Shopkeepers

Shopkeepers:

  • Promote +Shop Storefronts and encourage Shoppers to purchase products from +Shop;

  • May be allowed to select or recommend a default Recipient Organization to be associated with +Shop-funded donations tied to eligible purchases through their +Shop Storefront; and

  • May be classified by +Shop for internal purposes as:

    • Nonprofit or charitable Shopkeepers, where some or all of the associated Shopkeeper Fee is used by +Shop to fund donations to OCF, which may make grants to the Shopkeeper or other Recipient Organizations; or

    • For-profit Shopkeepers, where some or all of the Shopkeeper Fee may be paid as commercial commissions, incentives, or other compensation, and is not treated as a charitable donation.

Unless expressly agreed in a separate written agreement:

  • Shopkeepers do not act as agents, employees, or legal representatives of +Shop or OCF;

  • Shopkeepers do not solicit or receive charitable donations through the Platform; and

  • Any amounts paid by +Shop to for-profit Shopkeepers from the Shopkeeper Fee are commercial payments, not charitable donations, and are subject to the Shopkeeper’s own tax and reporting obligations.

1.4 Role of Brand Partners

Brand Partners:

  • Provide products and services that +Shop offers for sale as retailer through the Platform;

  • Enter into commercial agreements with +Shop that may include funding or enabling the Shopkeeper Fee (typically sufficient for +Shop to donate five percent (5%) or more of the eligible Purchase Price to OCF on qualifying transactions in charitable campaigns); and

  • Do not make charitable contributions directly to Recipient Organizations or to OCF through the Platform, unless expressly stated for a particular campaign.

The Shopper’s purchase is from +Shop, not from the Brand Partner, even when a Brand Partner fulfills, ships, or otherwise participates in delivering the product or service.

 

2. ACCEPTANCE OF TERMS

These Terms govern your access to and use of the Platform, including all content, functionality, and services offered on or through the Platform.

By accessing or using the Platform in any way (including browsing, creating an account, making a purchase, activating an offer, operating a +Shop Storefront, or using a browser extension), you:

  • Represent that you are legally capable of entering into a binding agreement; and

  • Agree to be bound by these Terms.

If you are accessing the Platform on behalf of a company, nonprofit, school, or other legal entity, you represent and warrant that you have authority to bind that entity, and “you” will also refer to that entity.

 

3. ELIGIBILITY & AGE REQUIREMENTS

The Platform is intended solely for users who are 16 years of age or older.

  • If you are under 16, you may not use or access the Platform.

  • If you are between 16 and 18 (or the age of majority in your jurisdiction, if different), you may only use the Platform with the permission and supervision of a parent or legal guardian, and your parent or guardian agrees to these Terms on your behalf.

  • If you are a parent or guardian and you permit a minor to use the Platform, you agree that you are responsible for the minor’s use of the Platform and for ensuring their compliance with these Terms.

 

4. ACCOUNT REGISTRATION & SECURITY

You may be able to browse certain portions of the Platform without creating an account. However, to use specific features (such as saving preferences, operating a +Shop Storefront, tracking performance, or accessing special offers), you may need to register for an account (“Account”).

When you create an Account, you agree to:

  1. Provide accurate, current, and complete information as requested;

  2. Maintain and promptly update your information to keep it accurate and complete;

  3. Keep your login credentials (“Credentials”) confidential and not share, sell, or transfer them to any other person; and

  4. Accept responsibility for all activities that occur under your Account.

You agree to notify us immediately at support@plus.shop (or any other published support address) of any unauthorized use of your Account or any other security breach.

We may offer third-party sign-in options (such as Apple, Google, Facebook, etc.). Your use of any third-party sign-in service is subject to that third party’s terms and privacy policy. We are not responsible for any acts or omissions of third-party sign-in providers.

We reserve the right, in our sole discretion, to suspend or terminate your Account, refuse or restrict access to the Platform, or remove or modify content if we believe you have violated these Terms or applicable law, or for any other reason as permitted by law.

 

5. LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms and any limitations set forth on the Platform, +Shop grants you a personal, non-exclusive, non-transferable, revocable, limited license to access and use the Platform for your own internal, personal, or authorized organizational use.

You may not:

  • Sublicense, resell, or commercially exploit the Platform, except as expressly allowed in a separate written agreement with us (for example, a Shopkeeper or Brand Partner agreement);

  • Copy, modify, create derivative works of, or reverse engineer any part of the Platform except to the limited extent permitted by applicable law;

  • Access or use the Platform in order to build or assist in building a competitive product or service.

No ownership rights in the Platform or any content on the Platform are transferred to you under these Terms. All rights not expressly granted are reserved by +Shop and its licensors.

 

6. ANALYTICS & DATA

You acknowledge and agree that +Shop may collect and use information about your use of the Platform, including:

  • Technical information about your device, browser, and interactions with the Platform;

  • Transaction-related data necessary to process orders, track Shopkeeper Fees, and calculate donations or commissions;

  • Engagement data about how you use +Shop Storefronts, filters, and features.

For purposes of these Terms, “Analytics” means information, data, statistics, metadata, inferences, and/or insights derived from your use of the Platform, which may be aggregated and/or de-identified.

We may create, collect, use, and disclose aggregated and/or de-identified Analytics for legitimate business purposes, such as operating the Platform, preventing fraud, improving our services, measuring campaign performance, and complying with legal obligations.

  • Operating, maintaining, and improving the Platform;

  • Measuring performance of Shopkeepers, campaigns, and Brand Partners;

  • Developing new products and services; and

  • Producing industry-level insights and benchmarks.

Analytics will be handled in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

 

7. FEEDBACK

We welcome feedback, comments, ideas, and suggestions about the Platform (“Feedback”). By submitting Feedback to +Shop (via email, in-product tools, or otherwise), you agree that:

  • Your Feedback is provided voluntarily and without expectation of compensation, confidentiality, or attribution;

  • +Shop may use, disclose, copy, modify, license, distribute, and otherwise exploit the Feedback for any purpose, including improving or marketing the Platform or related services; and

  • You hereby irrevocably assign to +Shop all right, title, and interest in and to the Feedback, including any intellectual property rights therein, and waive any moral rights you may have in such Feedback to the fullest extent permitted by law.

 

8. NO SOLICITATION, NO ENDORSEMENT, NO TAX OR LEGAL ADVICE

The Platform provides users with the ability to:

  • Purchase products and services from +Shop;

  • Associate eligible purchases with potential donations funded by +Shop to OCF;

  • Designate or recommend Recipient Organizations as potential beneficiaries of grants from OCF; and

  • Configure or promote +Shop Storefronts.

However:

  • +Shop is a for-profit company, not a charity.

  • OCF is an independent 501(c)(3) public charity that receives donations from +Shop (funded from +Shop’s revenue and product margin, including the Shopkeeper Fee) and from Shoppers (in the case of optional direct donations), and makes grants to Recipient Organizations in its sole discretion, consistent with its grantmaking policies and applicable law.

  • The listing, display, recommendation, or promotion of any Recipient Organization, Shopkeeper, Brand Partner, or product on the Platform does not constitute a solicitation of charitable contributions by +Shop on behalf of that Recipient Organization, nor does it constitute an endorsement of that Recipient Organization.

+Shop does not:

  • Provide legal, tax, financial, or professional advice;

  • Guarantee that any particular Recipient Organization is eligible to receive grants at any time;

  • Guarantee that any particular purchase will result in a donation or grant.

Any information about Recipient Organizations (including names, descriptions, logos, impact statements, or financial data) may be provided by third parties or the Recipient Organizations themselves. We do not warrant the accuracy, completeness, or timeliness of this information. You are solely responsible for evaluating any Recipient Organization you choose to support via your purchasing activity.

Nothing in the Platform or these Terms should be construed as tax advice. You should consult your own tax advisor about whether any donations made by +Shop or any optional direct donations you make to OCF have tax consequences for you.

 

9. RECIPIENT ORGANIZATIONS, OCF, ELIGIBILITY & DISBURSEMENTS

9.1 Our Change Foundation (OCF)

OCF (EIN: 86-3353394) is a U.S. 501(c)(3) tax-exempt public charity and donor-advised fund that facilitates charitable giving in connection with the Platform by:

  • Receiving donations from +Shop funded from +Shop’s revenue and product margin (including the Shopkeeper Fee);

  • Receiving optional direct donations from Shoppers (Section 9C); and

  • Making grants to Recipient Organizations designated or recommended via the Platform, subject to OCF’s exclusive legal control and grantmaking policies.

All donations made by +Shop and all optional direct donations made by Shoppers to OCF in connection with the Platform are at all times subject to OCF’s exclusive legal control and discretion, as required by U.S. tax law governing public charities.

OCF may, in its discretion and consistent with its policies and applicable law, deduct or apply reasonable transaction, processing, banking, fraud prevention, platform, and administrative costs from the donation funds it receives (including funds from +Shop and from Shoppers) before making grants to Recipient Organizations, such that Recipient Organizations typically receive the net amount after such costs.

9.2 Recipient Organization Eligibility

To receive grants from OCF in connection with the Platform, a Recipient Organization must be eligible. OCF will not send donations to a Recipient Organization if:

  • The Recipient Organization’s public charity status with the Internal Revenue Service as an organization described in Section 501(c)(3) of the Internal Revenue Code has changed or has been revoked;
  • The Recipient Organization refuses to use the funds for those purposes described in Section 501(c)(3) of the Internal Revenue Code;
  • Recipient Organization’s registration to solicit charitable contributions with the California Attorney General’s Office Registry of Charitable Trusts is not in good standing, which means that the registration is delinquent or suspended or revoked, OR
  • The Recipient Organization is prohibited from soliciting or operating in the state by the California Attorney General, or the Recipient Organization’s tax-exempt status has been revoked by the California Franchise Tax Board.

Eligibility may be checked and determined by OCF and/or +Shop, in their discretion, using IRS data, state charity regulators, third-party databases, and/or direct Recipient Organizational documentation.

If a Recipient Organization loses eligibility for any of the above-described reasons, OCF shall decline to make grants to that Recipient Organization; and select an alternate eligible Recipient Organization, and send the donated funds to the alternate no later than 30 days after the determination of eligibility in a manner consistent with OCF’s policies and applicable law.

OCF will grant the donated funds to the Recipient Organization that is eligible to receive grants via physical checks and/or electronic transfer on a quarterly basis or more frequently, unless the Recipient Organization is not eligible to be sent the funds as described above. "Quarterly basis" means no later than 30 days after the end of a 90-day period established as a quarter by the Platform.

9.3 Information Available to Recipient Organizations and Donors

+Shop will make the following information available to Recipient Organizations via email or through the Platform: (1) a description of the purchasing or other activity performed by platform users who caused a donation or grant of a recommended donation to be sent to the Recipient Organization, along with the time period during which the purchasing or other activity was performed; (2) the amount of each donation or grant of a recommended donation, with an accounting of how it was calculated, including the number of purchases made or other activities performed, the donation amount per purchase or other activity, and any fees that were imposed.

 

If a Recipient Organization makes a written request for removal from the Platform or from any solicitation regarding such Recipient Organization, +Shop shall promptly verify the request is legitimate (such verification to take no longer than (3) three business days after the written request for removal is made, and +Shop may verify the request by asking for identifying or other relevant information from the Recipient Organization, unless already provided) and will remove such Recipient Organization no longer than three (3) business days after such request is verified. If, as a Recipient Organization, you wish to effect such removal from the platform, please email such removal request to legal@plus.shop.

 

If you as a donor/Platform user wish to learn that the total amount of donated funds sent to a Recipient Organization or an alternate charitable organization included funds based on your purchases or other activity on the Platform, such information will be available to you on the Platform no later than 15 days after the donated funds were sent.

9.4 Designations by Shoppers and Shopkeepers

The Platform may allow:

  • Shoppers to select or change a Recipient Organization to which eligible donations (including +Shop-funded donations and optional direct donations) are recommended; and/or

  • Shopkeepers to configure a default Recipient Organization associated with their +Shop Storefront, subject to OCF approval and Platform configuration limits.

Unless clearly stated otherwise:

  • A Shopper’s current designation typically overrides a Shopkeeper’s default for that Shopper’s transactions;

  • A Shopkeeper’s default designation applies only where a Shopper has not made a different selection; and

  • All designations (whether by Shopper or Shopkeeper) are non-binding recommendations to OCF and do not create any enforceable right of the Recipient Organization, Shopper, or Shopkeeper to receive a grant.

 

9A. SHOPKEEPERS: ADDITIONAL TERMS & RESTRICTIONS

This section applies to any Shopkeeper using or promoting a +Shop Storefront (including nonprofits, schools, PTAs, teams, influencers, creators, and for-profit partners acting as promoters).

9A.1 Shopkeeper Role

Unless you have a separate written agreement with +Shop that explicitly states otherwise, as a Shopkeeper:

  • You are not acting as an agent, employee, representative, or fundraiser of +Shop or OCF;

  • You are not authorized to solicit charitable contributions on behalf of OCF or any Recipient Organization through the Platform;

  • You are using the Platform as a commercial marketing and fundraising tool that may result in:

    • +Shop allocating Shopkeeper Fee value to fund donations by +Shop to OCF for charitable campaigns, and/or

    • +Shop paying you commercial commissions or incentives funded in part by the Shopkeeper Fee for for-profit campaigns.

9A.2 Approved Messaging and Disclosures

To help comply with applicable laws and avoid confusing Shoppers, Shopkeepers must:

  • Use only +Shop-approved messaging when describing how purchases “support” or “help” a Recipient Organization;

  • Clearly identify that:

    • +Shop is the retailer / merchant of record for purchases on the Platform; and

    • +Shop may allocate a portion of its product margin (the Shopkeeper Fee) either to fund donations by +Shop to OCF, or to pay commercial commissions or incentives to for-profit Shopkeepers;

  • Clearly distinguish between:

    • Purchases from +Shop, which are commercial transactions and not tax-deductible for Shoppers; and

    • Optional direct donations at checkout, which are separate contributions by Shoppers to OCF that may be tax-deductible;

  • Avoid stating or implying that:

    • Shoppers’ purchases are direct donations to the Shopkeeper or Recipient Organization;

    • 100% of the purchase price is donated; or

    • Shopkeepers or Recipient Organizations are receiving tax-deductible donations from Shoppers’ purchases; and

  • Comply with any additional disclosures that +Shop provides for use on websites, social media, emails, and printed materials (for example, campaign-specific disclosures about percentage, cap, and campaign period).

+Shop may require Shopkeepers to update or remove any messaging that +Shop, OCF, or regulators consider inaccurate, misleading, or non-compliant.

9A.3 No Handling of Charitable Funds; Commercial Payments to For-Profit Shopkeepers

Shopkeepers acknowledge and agree that:

  • Nonprofit / charitable Shopkeepers do not receive charitable donations directly from Shoppers through the Platform, and any grants they may receive from OCF are made at OCF’s discretion, funded in part by the Shopkeeper Fee and other sources, and typically net of transaction and administrative costs as described in Section 9.1;

  • For-profit Shopkeepers may receive commercial commissions, incentive payments, or other compensation from +Shop funded in part by the Shopkeeper Fee, but such payments are not charitable donations and are not tax-deductible contributions;

  • Shopkeepers are responsible for their own legal, tax, and accounting obligations with respect to any commercial payments they receive from +Shop; and

  • Unless expressly provided in a separate written agreement, Shopkeepers do not hold or control charitable funds on behalf of OCF or any Recipient Organization.

 

9B. DONATION PROGRAM DISCLOSURES (PURCHASE-BASED DONATIONS)

The following disclosures describe how the +Shop donation program based on eligible purchases works.

9B.1 Who Is Making the Purchase-Based Donation

  • +Shop is a for-profit company and the retailer / merchant of record for purchases on the Platform.

  • For qualifying products and orders under charitable campaigns, a portion of +Shop’s economics, including Shopkeeper Fee value, is used or reserved by +Shop to fund donations by +Shop to OCF.

  • Unless expressly stated otherwise for a specific campaign, +Shop intends that at least five percent (5%) of the eligible Purchase Price of a qualifying order in a charitable campaign will be donated by +Shop to OCF, subject to the limitations and adjustments described in these Terms and any campaign-specific disclosures. Some offers or campaigns may provide for higher percentages.

  • Shoppers are not making direct donations to OCF or to Recipient Organizations through their purchases. Shoppers are buying products from +Shop at standard retail prices. Any donation is made by +Shop out of its own revenue and product margin, including the Shopkeeper Fee.

Unless explicitly stated otherwise in a specific campaign’s terms:

  • Shoppers do not pay an additional surcharge or higher retail price to fund the donation; and

  • Brand Partners fund or enable the underlying Shopkeeper Fee as part of the economics of selling their products through +Shop.

9B.2 How the Purchase-Based Donation Amount Is Calculated

For eligible purchases in charitable campaigns:

  • +Shop may display an offer that describes the estimated amount that +Shop expects to donate to OCF in connection with that purchase (for example, “+Shop donates 5% of eligible purchases” or “Up to $10 per order”);

  • Unless noted otherwise, the donation amount is calculated based on:

    • the eligible “Purchase Price” that you pay +Shop as retailer (typically excluding shipping, handling, gift wrap, tips, taxes, service/platform fees, returns, discounts, and similar adjustments); and

    • the portion of +Shop economics (including the Shopkeeper Fee funded by Brand Partners) that +Shop has allocated for donation under the applicable offer or campaign.

Actual donation amounts may differ from a displayed offer if, for example:

  • The order is returned, cancelled, or charged back;

  • A product is not eligible for a Shopkeeper Fee or has a reduced or zero Shopkeeper Fee;

  • A different campaign, cap, or rate applies; or

  • Other factors affect the realized margin or other economics on the sale.

+Shop may publish additional details about Shopkeeper Fee rates, offer rates, caps, exclusions, and eligibility in campaign-specific disclosures on the Platform or in the user interface for a particular +Shop Storefront. To the extent of any conflict between such campaign-specific disclosures and this Section 9B, the campaign-specific disclosures will control that campaign.

9B.3 How and When Purchase-Based Donations Are Paid and Granted

  • +Shop first recognizes revenue and margin on qualifying transactions as a retailer.

  • After reconciling the relevant sales, returns, and adjustments, +Shop determines the corresponding donation amount to OCF under our internal formulas and applicable offers.

  • +Shop then donates aggregated amounts to OCF periodically (for example, monthly or quarterly).

  • OCF, in turn, makes grants to eligible Recipient Organizations as described in Sections 9.1 and 9.2 above, subject to OCF’s own grantmaking policies and net of any transaction, processing, banking, fraud prevention, and administrative costs that OCF may deduct or apply.

All donations made by +Shop to OCF in connection with the Platform are at all times subject to OCF’s exclusive legal control, as required by law.

 

9C. OPTIONAL DIRECT CASH DONATIONS AT CHECKOUT (TAX-DEDUCTIBLE)

From time to time, the Platform may offer you the opportunity to make an optional direct cash donation during checkout, in addition to your purchase from +Shop.

9C.1 Nature of Optional Direct Donations

If you choose to add an optional donation during checkout:

  • That amount is a voluntary contribution separate from your product or service purchase from +Shop;

  • Your decision to donate or not donate does not affect the price, availability, or terms of the goods or services you purchase; and

  • Unless the checkout flow clearly states otherwise, your optional donation is being made directly to OCF, a U.S. 501(c)(3) tax-exempt public charity, for its charitable purposes.

Optional direct donations under this Section 9C are distinct from any donations funded by +Shop out of its own revenue as described in Sections 1, 9, and 9B.

9C.2 Designation of Recipient Organizations for Optional Direct Donations

During checkout, the Platform may allow you to designate or select a Recipient Organization that you would like your optional donation to benefit.

  • Your designation is treated as a non-binding recommendation to OCF and does not create a legal right for any Recipient Organization, Shopper, or Shopkeeper to receive a grant.
  • OCF retains exclusive legal control over all donations it receives, including optional direct donations, and will use reasonable efforts to honor your designation in accordance with its grantmaking policies and applicable law. OCF will not send donations to a Recipient Organization if:
    • The Recipient Organization’s public charity status with the Internal Revenue Service as an organization described in Section 501(c)(3) of the Internal Revenue Code has changed or has been revoked;
  • The Recipient Organization refuses to use the funds for those purposes described in Section 501(c)(3) of the Internal Revenue Code;
  • Recipient Organization’s registration to solicit charitable contributions with the California Attorney General’s Office Registry of Charitable Trusts is not in good standing, which means that the registration is delinquent or suspended or revoked, OR
  • The Recipient Organization is prohibited from soliciting or operating in the state by the California Attorney General, or the Recipient Organization’s tax-exempt status has been revoked by the California Franchise Tax Board.
  • Donations described in this Section 9C will be sent to the Recipient Organization within a maximum of thirty (30) days after the end of the month in which the donation was made, unless the Recipient Organization is not eligible to be sent the funds, as described above. You will receive a tax donation receipt from OCF as the recipient charity within five (5) business days of your donation.
  • If you are a California donor and wish to find out whether your specific donation was sent to the Recipient Organization, such information shall be made available to donors via the Platform no later than 15 business days after the donated funds were sent.
  • If a Recipient Organization becomes ineligible to receive donated funds for the above-described reasons, we will notify you in writing no later than thirty (30) days after the determination of eligibility. If an eligible alternate is identified by you within thirty (30) days of such notification, OCF will send the donated funds to the alternate Recipient Organization no later than thirty (30) days from the last date you could timely recommend an alternate. If an alternate is timely recommended but determined to be not eligible or if an alternate is not timely recommended, we will select another alternate Recipient Organization, and send donated funds to such alternate no later than thirty (30) days from the last date donor could timely recommend an alternate


9C.3 Processing, Transfer, Fees, and Refunds

Optional direct donations may be processed by OCF, by +Shop on behalf of OCF, or by a third-party payment processor acting for one or both of them. Unless otherwise disclosed:

  • Your donation will be processed as a separate line item from your purchase amount;

  • For each optional direct donation, a payment processing fee of five percent (5%) is assessed to cover card or ACH fees and disbursements through OCF to qualifying nonprofits;

  • After deduction of this 5% fee, the remaining ninety percent (95%) of your donation is made available for OCF’s charitable purposes, including making grants to eligible Recipient Organizations in accordance with its policies and applicable law; and

  • If your underlying purchase is later refunded, cancelled, or returned, this does not automatically reverse or refund your donation, which is intended to be non-refundable, except where a refund is required by law or payment network rules.

9C.4 Tax Treatment of Optional Direct Donations

If you make an optional direct donation under this Section 9C:

  • For U.S. taxpayers, the donation is intended to be treated as a charitable contribution to OCF, a 501(c)(3) public charity, and may be tax-deductible to the extent allowed by law;

  • You may receive a separate donation acknowledgment or receipt (which may be delivered by email or made available electronically) that includes the date and amount of your contribution and identifies OCF as the charitable recipient; and

  • In most cases, no goods or services are provided in exchange for your optional donation. If any goods or services are provided, or if any portion of your contribution is not tax-deductible, this will be reflected in the acknowledgment.

+Shop does not provide legal or tax advice and does not guarantee any particular tax treatment for your donation. The availability, amount, and treatment of any tax deduction depend on your individual circumstances and applicable law. You are solely responsible for determining whether, and to what extent, any donation is tax-deductible, and you should consult your own tax advisor.

9C.5 Relationship to +Shop-Funded Donations

Optional direct donations under this Section 9C:

  • Are separate from the donations that +Shop may make to OCF out of its own funds in connection with your purchases (as described in Sections 1, 9, and 9B); and

  • Are treated as your contributions to OCF, subject to OCF’s policies and applicable laws, even though you may designate a Recipient Organization you would like the funds to benefit.

Nothing in this Section changes or limits OCF’s exclusive legal control over donations it receives from +Shop or from you.

 

10. INTELLECTUAL PROPERTY RIGHTS

10.1 Trademarks & Branding

The +Shop name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of +Shop or its affiliates. All page headers, custom graphics, and button icons are also trademark, service mark, or trade dress elements of +Shop.

All other trademarks, service marks, trade names, logos, and graphics appearing on or in connection with the Platform are the property of their respective owners.

You agree not to use any +Shop or third-party marks without the prior written permission of +Shop or the respective owner, except as expressly permitted in a separate written agreement with us.

10.2 Copyright

Except as otherwise expressly indicated, all content and materials on the Platform, including text, graphics, logos, icons, images, audio clips, video clips, software, and the compilation and arrangement thereof, are owned by +Shop or its licensors and are protected by U.S. and international copyright laws and treaties.

Unless expressly permitted by these Terms or an applicable agreement with +Shop, you may not:

  • Copy, reproduce, modify, adapt, translate, create derivative works from, or publicly display or perform any content from the Platform;

  • Distribute, license, sell, or otherwise transfer any content; or

  • Remove, obscure, or alter any copyright, trademark, or other proprietary notices.

Any unauthorized use of the Platform or its content may violate intellectual property laws and other laws.

10.3 Use of Name, Likeness, and Brand Marks

  • +Shop may use the name, logo, trademarks, or likeness of Nonprofit Organizations and Promotional Partners solely to promote the +Shop platform, products, and charitable programs.
  • Participants grant +Shop a non-exclusive, royalty-free, worldwide license to use these assets for promotional and informational purposes, including social media, press releases, advertising, and co-branded marketing.
  • +Shop may also authorize approved creators or brands to reference Nonprofit Organizations as beneficiaries of +Shop’s donations, provided such materials follow +Shop’s marketing guidelines.

10.4 User Responsibility for Content

You are solely responsible for all content you upload to our platform, including videos, images, audio, and text (“User Content”). You agree not to upload any content that is unlawful, harmful, defamatory, obscene, offensive, infringing, or otherwise inappropriate. You represent and warrant that you have all necessary rights, licenses, and permissions to upload and share such content.

 

10.5 Ownership and License Grant

By uploading User Content, you retain any ownership rights you may hold in it. However, you grant +Shop a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, modify, distribute, publicly display, publicly perform, and otherwise exploit your User Content in any media now known or later developed, in connection with our services and business.

This license continues even if you stop using our services. You waive any moral rights you may have in such content to the extent permitted by law.

 

10.6 +Shop Rights Over Content

We may, at any time and at our sole discretion, remove, modify, or restrict access to User Content, without notice, for any reason, including if we believe it violates these terms, applicable laws, or the rights of third parties. We are not obligated to host, display, or retain any User Content.

 

10.7 Disclaimer of Liability

We do not control or endorse User Content and are not responsible or liable for it. You acknowledge that others may access, view, and share User Content, and we make no guarantees about its accuracy, quality, legality, or reliability.

 

11. PROHIBITED USES

You agree that you will not use the Platform, or any content or data accessed through the Platform, in any manner that:

  • Violates any applicable law, regulation, or order;

  • Is fraudulent, deceptive, or misleading;

  • Is defamatory, obscene, hateful, harassing, violent, discriminatory, or otherwise objectionable;

  • Infringes or misappropriates any intellectual property, privacy, publicity, or other rights of any person or entity; or

  • Compromises the security or integrity of any network, computer, or communications system.

You further agree that you will not, directly or indirectly:

  • Sell, resell, license, sublicense, or otherwise commercially exploit the Platform, except as expressly authorized;

  • “Scrape,” “crawl,” or use any automated means (such as bots, spiders, or similar tools) to access, query, or copy any portion of the Platform, except to the limited extent allowed by standard search engine protocols;

  • Attempt to gain unauthorized access to the Platform or any related systems or networks;

  • Interfere with or disrupt the operation of the Platform or the servers or networks used to make it available; or

  • Reverse engineer, decompile, or disassemble any part of the Platform, except to the limited extent expressly permitted by applicable law.

We reserve the right to investigate and take appropriate legal action, including referral to law enforcement, for any suspected or actual prohibited use.

 

12. THIRD-PARTY PROVIDERS & LINKS

12.1 Third-Party Providers

+Shop uses third-party service providers (“Third-Party Providers”) to help deliver the Platform and related services, including but not limited to:

  • Payment processors, fulfillment providers, and logistics partners;

  • Brand Partners and their service providers;

  • Charitable partners (including OCF) and tax-exempt organizations;

  • Analytics, hosting, security, and communication services;

  • Identity and compliance verification services.

By using the Platform, you authorize +Shop to share information about you and your use of the Platform with Third-Party Providers as reasonably necessary to provide the services, operate the Platform, and as described in our Privacy Policy.

Your use of Third-Party Providers (including any Brand Partner sites, payment services, or authentication services) may be subject to separate terms and privacy policies. You are responsible for reviewing and complying with such terms.

12.2 Links to Other Sites

The Platform may contain links to third-party websites or services (“Linked Sites”), including sites operated by Brand Partners or other third parties. Linked Sites are not under the control of +Shop, and +Shop is not responsible for:

  • The content, products, services, or practices of any Linked Sites; or

  • Any transactions or interactions you may have with third parties through Linked Sites.

Your use of Linked Sites is at your sole risk, and you should review the applicable terms and privacy policies before using or transacting on any Linked Site.

 

13. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE PLATFORM, INCLUDING ALL CONTENT, OFFERS, TOOLS, AND SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND.

  • +SHOP DOES NOT GUARANTEE THAT ANY OFFER, DONATION, OR GRANT WILL BE GENERATED OR DISBURSED IN CONNECTION WITH ANY PARTICULAR PURCHASE OR ACTIVITY.

  • +SHOP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT ANY SHOPKEEPER, BRAND PARTNER, ORGANIZATION, OR OTHER THIRD PARTY, OR ABOUT ANY PRODUCTS OR SERVICES THEY PROVIDE (EXCEPT TO THE EXTENT SUCH WARRANTIES ARE REQUIRED BY LAW AND CANNOT BE DISCLAIMED).

WITHOUT LIMITING THE FOREGOING, +SHOP EXPRESSLY DISCLIAMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

+SHOP DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL +SHOP OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR

  • ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES,

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, ANY OFFER, ANY OPTIONAL DIRECT DONATION, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORM OR A LINKED SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF +SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, +SHOP’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID TO +SHOP (IF ANY) FOR ACCESS TO THE PLATFORM DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR

  2. ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless +Shop and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, demands, actions, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your access to or use of the Platform;

  • Your violation of these Terms or any applicable law;

  • Your violation of any third-party right, including any intellectual property, privacy, or publicity right;

  • Any content or information you submit, post, or transmit via the Platform; or

  • Any relationship or transaction between you and any Shopkeeper, Recipient Organization, Brand Partner, or other third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate in our defense of such claims.

 

16. GOVERNING LAW, VENUE & CLASS ACTION WAIVER

These Terms and any dispute arising out of or related to them or the Platform (“Dispute”) will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles, and, where applicable, the federal laws of the United States.

Subject to the Arbitration section below, you and +Shop agree that any legal action or proceeding arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Dallas County, TX, and you consent to the personal jurisdiction and venue of such courts.

CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND +SHOP AGREE THAT:

  • ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS;

  • NEITHER PARTY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, REPRESENTATIVE ACTION, COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION; AND

  • NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES.

 

17. ARBITRATION

At +Shop’s sole discretion, any Dispute (or certain categories of Disputes) may be submitted to binding arbitration administered by [e.g., the American Arbitration Association] in accordance with its applicable rules.

If arbitration is elected:

  • Arbitration will be conducted before a single arbitrator in Dallas, TX;

  • The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction;

  • Each party will bear its own costs and attorneys’ fees, and share equally the arbitrator’s fees and administrative costs, unless the arbitrator allocates such fees differently in an award; and

  • To the extent permitted by law, all arbitration proceedings will be confidential.

Notwithstanding the foregoing, +Shop may initiate proceedings in any court of competent jurisdiction to seek injunctive or other equitable relief to protect its intellectual property or proprietary rights, or to prevent unauthorized use of the Platform.

Any claim or cause of action you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the claim or cause of action accrues; otherwise, such claim or cause of action is permanently barred.

 

18. TERM & TERMINATION

These Terms are effective from the date you first access or use the Platform and remain in effect until terminated in accordance with this section.

You may stop using the Platform at any time. If you wish to close your Account, you may do so by contacting us at support@plus.shop or via any in-product account deletion tools we provide.

We may, at any time and for any reason, to the extent permitted by law:

  • Suspend or terminate your Account or access to all or part of the Platform;

  • Remove or refuse to display any content; or

  • Discontinue the Platform or any portion thereof.

If your Account or access is terminated:

  • Your right to use the Platform will immediately cease; and

  • The following provisions will survive and remain in effect: Sections relating to intellectual property, Analytics, Feedback, disclaimers, limitation of liability, indemnification, governing law, arbitration, and any other provisions that by their nature should survive termination.

 

19. CHANGES TO THE PLATFORM & TERMS

We may modify, suspend, or discontinue any part of the Platform, including any features, offers, or content, at any time with or without notice, to the extent permitted by law. We will not be liable to you or to any third party for any such modification, suspension, or discontinuation.

We may also update these Terms from time to time as described at the top of this document. Your continued use of the Platform after we post updated Terms constitutes your acceptance of those changes.

 

20. MISCELLANEOUS

  • Entire Agreement. These Terms, together with any additional terms or policies referenced herein (including our Privacy Policy) and any applicable written agreement between you and +Shop (e.g., a Shopkeeper, Brand Partner, or Recipient Organization agreement), constitute the entire agreement between you and +Shop regarding the Platform, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

  • You may not assign or transfer these Terms or any rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. +Shop may freely assign or transfer these Terms without restriction.

  • If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

  • No Waiver. No waiver of any term or condition of these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term, and any failure of +Shop to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

  • Force Majeure. +Shop will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

  • We may provide notices to you via email, by posting on the Platform, or by any other reasonable means. You may send notices to us at legal@plus.shop or at such other address as we may specify from time to time.

  • Geographic Restrictions. We make no representation that the Platform or its content is appropriate or available for use in all locations. Access to the Platform may not be legal by certain persons or in certain countries. You access the Platform on your own initiative and are responsible for compliance with local laws.

 

21. ADDITIONAL INFORMATION FOR CALIFORNIA USERS

In some states, including California, programs in which a for-profit business offers to donate a portion of sales or revenue to a charitable organization may be regulated as “commercial co-ventures” or similar campaigns.

+Shop is a for-profit company and the retailer / merchant of record for purchases on the Platform. In connection with eligible purchases made through the Platform under charitable campaigns, +Shop may allocate a portion of its economics (including the Shopkeeper Fee) to fund donations by +Shop to OCF, a 501(c)(3) tax-exempt public charity. OCF has exclusive legal control over all donations it receives from +Shop and from Shoppers (in the case of optional direct donations) and makes grants to eligible charitable organizations in accordance with its own policies and applicable law, typically net of transaction and program costs.

Unless expressly stated otherwise for a specific campaign:

  • Donations based on purchases are made by +Shop to OCF, not by Shoppers directly;

  • Optional direct donations at checkout are made by Shoppers to OCF, and Shoppers may designate a Recipient Organization as a non-binding recommendation;

  • Shopper purchases are commercial transactions and are not tax-deductible donations to OCF or any other charity, except with respect to any separate optional direct donations made at checkout as described in Section 9C; and

  • Any identified Recipient Organization or cause is treated as a non-binding recommendation to OCF and does not create a legal right to receive a grant.

California users may request additional information about specific campaigns by contacting us at legal@plus.shop or by writing to:

MarketNation, Inc. D/B/A +Shop
Attn: Donation Program
51 E Campbell Avenue
Suite 500ECampbell CA 95008