Terms and Conditions Agreement (pending counsel review)
MAD Monkey Media LLC
Last Updated: October 8, 2026
Questions about these terms: legal@madmonkey.media
This Terms and Conditions Agreement (the “Agreement”) is made and entered into as of the Date of Account Creation or Order Placement (“Effective Date”) by and between MAD Monkey Media LLC, a limited liability company organized under the laws of the State of Texas, with its principal place of business in Dallas, TX, (“Company”), and the subscribing party or customer (“Subscriber” or “Customer” or “You”). This Agreement applies together with the Company’s Refund and Returns Policy and Privacy Policy.
1. Definitions
1.1 Services shall refer to the subscription-based digital marketing software platform and related services provided by the Company, as described in Section 2.
1.2 Subscription Fee shall refer to the amount payable by the Subscriber for the use of the Services, as set forth in Section 2.2.
1.3 Term shall refer to the duration of the subscription, as described in Section 2.3.
1.4 Print Products shall refer to physical printed materials ordered through the Company’s print shop, as described in Section 3.
1.5 Custom Products shall refer to Print Products and other items printed, embroidered, engraved, cut, transferred, or otherwise made to the Customer’s specifications or artwork.
1.6 Proof shall refer to the digital preview (or physical sample, where ordered) of a Custom Product that the Company sends to the Customer for review and approval before production.
2. Subscription Services
2.1 Description of Services: The Company agrees to provide the Subscriber with access to its digital marketing software platform and related services (the “Services”). The specific features and functionalities of the Services shall be as described on the Company’s website (www.madmonkey.media) or as otherwise communicated to the Subscriber.
2.2 Subscription Plans and Fees: The Subscriber shall select a subscription plan from the options provided on the Company’s website. The Subscription Fee for the selected plan shall be as set forth on the website or as agreed upon in writing. All fees are non-refundable unless otherwise specified.
2.3 Term and Renewal: The initial term of the subscription shall commence on the Effective Date and continue for a period of 12 months. The subscription shall automatically renew for subsequent 1-month periods unless the Subscriber provides written notice of cancellation to support@madmonkey.media at least 30 days prior to the end of the then-current term.
2.4 Access and Usage: The Subscriber shall have access to the Services during the Term for internal business purposes only, in compliance with all applicable laws and regulations.
2.5 Service Level Agreement (SLA): The Company shall use commercially reasonable efforts to ensure the availability and performance of the Services, as outlined in the SLA available on the Company’s website, if applicable.
2.6 Support and Maintenance: The Company shall provide reasonable technical support during the Term, as outlined in the Company’s support policies.
2.7 Service Modifications: The Company reserves the right to modify or discontinue any part of the Services, provided such changes do not materially adversely affect the Subscriber’s use during the Term.
3. Print Shop Services
3.1 Order Approval and Proofs: Customers submitting files for printing acknowledge that the Company does not check files for spelling, grammar, punctuation, wording, names, phone numbers, addresses, dates, prices, or other content accuracy. Where a Proof is part of the order, the Company emails a digital Proof to the email address on the order, typically within 1 to 2 business days after receiving the order and print-ready files (design work follows the timeline stated in the product listing or quote). Customers are responsible for reviewing and approving proofs before production begins, including content, spelling, layout, size, quantity, and finishing. Production starts only after the Customer approves the Proof by email reply, online approval, or signature. The Company is not responsible for errors that appear in an approved Proof. Screen and PDF proofs show layout and content, not exact color (see Section 3.4). If a Customer chooses to skip a Proof, or orders a product that prints files as uploaded (for example, same-day DTF transfers), the file is printed as submitted and the Customer accepts responsibility for its content and print readiness. If a Proof is not approved and no changes are requested within 30 days, the order may be canceled under Section 3.7.
3.2 Customer Content: The Company does not pre-screen content but reserves the right to refuse or remove content that is illegal, including but not limited to material that infringes any copyright, trademark, right of publicity, or other right without the owner’s permission; counterfeit or unlicensed use of brand names, logos, team marks, or characters; obscene material or any material that sexually exploits minors; defamatory, threatening, or harassing material, or material that promotes violence or hatred against people based on a protected characteristic; and counterfeit currency, fake identification, forged official documents, or other material intended to deceive or defraud. The Company may decline any order at its discretion and will refund any amount paid for work not performed. Customers warrant that they have the legal right to use all submitted content.
3.3 Customer-Submitted Artwork or Graphics: Unless the product page states different requirements, files must meet the following requirements: PDF preferred (PNG, JPG, AI, EPS, or SVG accepted where the product page allows); CMYK color mode for print (RGB files are converted and colors may shift); at least 300 DPI at final print size; 0.125-inch bleed on every side where artwork runs to the edge; important text and images kept at least 0.125 inch inside the trim line; and fonts embedded or converted to outlines. Product-specific file requirements on the product page control. The Company is not responsible for print results caused by non-compliant files.
3.4 Color Proofing and Matching: The Company will use reasonable efforts to match colors to provided proofs but cannot guarantee exact matches due to variations in printing processes. Colors differ between screens, proofs, paper stocks, substrates, printing methods, and print runs. A variation of up to 10% in tone, density, or hue between the Proof and the finished product, or between print runs, is within normal tolerance and is not a defect. Pantone (PMS) or other exact color matching is provided only when stated in the product listing or a written quote, and a physical hard proof may be ordered for an added fee where offered.
3.5 Trimming and Folding: The Company will use reasonable efforts to trim and fold accurately, with an acceptable variance of 1/16 inch (0.0625 inch) per side. The Company is not liable for minor variations within this range.
3.6 Turnaround Time: Orders, files, and proof approvals must be received by 12:00 PM Central Time on a business day to count as received that day, unless the product page states a different cutoff time; anything received later counts as received on the next business day. Turnaround time begins upon proof approval, and no earlier than when the Company has received print-ready files and payment (for bank transfers, cleared funds). Turnaround is counted in business days (Monday through Friday, excluding U.S. federal holidays) and includes production only; shipping transit time is additional. Standard turnaround times are the production times shown on each product page or in the Customer’s quote. Turnaround times are estimates, not guarantees, unless the Company confirms a specific in-hands date in writing.
3.7 Order Cancellation: Orders may be canceled before proof approval by contacting support@madmonkey.media; any design or setup work already performed and the cancellation fee stated in the Refund and Returns Policy may be deducted from the refund. Cancellations after proof approval, or after an order without a Proof enters production, are generally not possible; if the Company is able to stop production, the Customer will be charged for work completed and materials used, up to the full order price. Order holds or changes are subject to the following conditions: holds may be requested before production starts, and orders held for more than 30 days may be canceled under this Section; changes after proof approval require a new Proof, may add charges, and restart the turnaround time.
3.8 Rush Orders: Rush production, where offered, is available for the added fee shown at checkout or in the Customer’s quote. Rush fees cover faster production only; expedited shipping is charged separately. Rush turnaround starts from proof approval received before the cutoff time in Section 3.6. If the Company misses a confirmed rush production date for reasons within its control, it will refund the rush fee; otherwise rush fees are non-refundable once production begins.
4. Payment Terms
4.1 Subscription Fees: The Subscriber shall pay the Subscription Fee as specified in the selected plan. Fees are non-refundable and exclusive of applicable taxes, which are the Subscriber’s responsibility.
4.2 Print Shop Payments: Payments for Print Products must be made at the time of order via the payment methods shown at checkout (currently including major credit and debit cards, Apple Pay, Google Pay, Amazon Pay, buy-now-pay-later options such as Affirm, Klarna, and Cash App Afterpay where the order qualifies, and direct bank transfer). Orders paid by bank transfer enter production after funds clear. Approved business accounts may be invoiced on terms agreed in writing. Coupon codes are limited to one per order unless the coupon states otherwise, have no cash value, may not be combined with other discounts, sale prices, or wholesale pricing unless stated, apply only to new orders, may expire or be withdrawn at any time, and do not reduce taxes, shipping, or rush fees unless the coupon says so. Refunds on orders that used a coupon are based on the amount actually paid.
4.3 Payment Method: The Subscriber/Customer authorizes recurring payments for Subscriptions and one-time payments for Print Products via a third-party payment processor. The Company does not store payment information directly.
4.4 Late Payments: Late payments may result in suspension of Services or delay of Print Product orders. Interest on late payments may be charged at the maximum rate permitted by law.
4.5 Sales Tax: Prices do not include sales tax. The Company collects Texas sales and use tax, and tax for other states where required, calculated at checkout from the shipping or pickup address. Customers buying for resale or claiming an exemption must provide a valid Texas Sales and Use Tax Resale Certificate or Exemption Certificate (Form 01-339), or the equivalent for their state, before placing the order. Tax charged before a valid certificate is on file is refunded only where the law allows.
4.6 Chargebacks and Payment Disputes: If there is a problem with an order, please contact support@madmonkey.media first so the Company can make it right under Section 5. If a chargeback or payment dispute is filed, the Company may provide the payment processor with order records, proof approvals, communications, and delivery tracking, and may pause further orders and Services until it is resolved. If a dispute is resolved in the Company’s favor, the Customer remains responsible for the order amount and, to the extent permitted by law, any dispute fees the Company was charged.
5. Returns and Refunds (Print Shop Only)
5.1 Return Policy: Custom Products are made to order and cannot be returned or refunded for a change of mind, an ordering mistake, or an error in an approved Proof; the remedy for a misprint or defect is set out in Section 5.2. Returns of non-custom stock items (unprinted and unaltered) are accepted within 30 days of delivery if the item is unused, in original condition, and in original packaging. Non-returnable items include Custom Products (except under Section 5.2), gift cards, downloadable products, and sale or discounted items (unless defective).
5.2 Misprints and Defects: If a Print Product does not match the approved Proof or has a production defect caused by the Company (for example, a misprint, wrong size or stock, color outside the tolerance in Section 3.4, trimming outside the tolerance in Section 3.5, or a short quantity), the Customer should report it to support@madmonkey.media within 30 days of delivery with the order number and photos. The Company will, at its option, reprint the affected items at no charge or refund the price paid for them, and may ask the Customer to return or dispose of the defective items. This is the Customer’s remedy for misprints and defects. Results caused by the Customer’s files, by content in an approved Proof, or by variation within the tolerances above are not defects.
5.3 Refunds: Approved refunds will be processed within 7 to 10 business days to the original payment method. Partial refunds may be granted when only part of an order is affected or for minor defects the Customer chooses to keep. Contact support@madmonkey.media for issues.
5.4 Shipping Returns: Return shipping costs are the Customer’s responsibility and non-refundable. Return to: the address we confirm in writing when your return is approved. Use trackable shipping for high-value items.
5.5 Shipping, Risk of Loss, and Damage Claims: Shipping charges and estimated transit times are shown at checkout; transit times are carrier estimates. Risk of loss passes to the Customer when the order is delivered to the carrier, or at pickup for local pickup orders. The Company will still file and pursue carrier claims for items lost or damaged in transit if the Customer reports the loss or damage to support@madmonkey.media within 7 days of delivery (or of the expected delivery date for a lost package), with photos of the package and items, and keeps the packaging until the claim is resolved; the Company will then replace or refund as set out in the Refund and Returns Policy. Reshipping caused by an incorrect address provided by the Customer is charged to the Customer. Orders shipped on the Customer’s own carrier account travel at the Customer’s risk.
6. Intellectual Property
6.1 Services Ownership: The Company owns all rights, title, and interest in the Services, including associated intellectual property. The Subscriber is granted a non-exclusive, non-transferable license for internal use during the Term.
6.2 Print Shop Ownership: Customers retain ownership of submitted artwork but warrant that they have the right to use it. The Customer grants the Company a limited, non-exclusive license to copy, adapt, and print submitted artwork solely to produce, ship, and support the Customer’s orders, including keeping files for reorders. The Company will not use Customer artwork in its own marketing without the Customer’s permission. Unless a quote or product listing states otherwise, rights in designs created by the Company transfer to the Customer as stated in that quote or listing once paid in full. The Company is not liable for copyright or trademark infringement in customer-submitted content.
6.3 Prohibited Use: The Subscriber/Customer shall not reverse engineer the Services or use either Services or Print Products for illegal purposes.
6.4 Artwork Warranty and Indemnity: The Customer represents and warrants that the Customer owns or has permission to use all artwork, text, logos, photos, and other content submitted, and that printing and using it will not infringe anyone’s rights or break any law. The Customer agrees to indemnify, defend, and hold harmless the Company and its members, employees, and contractors from any claims, damages, losses, and costs (including reasonable attorneys’ fees) arising from content the Customer submits or the Customer’s use of the finished products.
7. Data Protection and Privacy
7.1 Data Collection: The Company may collect and process personal data in accordance with applicable laws (e.g., the Texas Data Privacy and Security Act and, where they apply, the California Consumer Privacy Act and the EU General Data Protection Regulation). See the Privacy Policy at www.madmonkey.media for details.
7.2 Data Security: The Company implements reasonable security measures to protect Subscriber/Customer data.
7.3 Data Retention: Data is retained per the Company’s retention policy and deleted or anonymized upon termination, subject to legal obligations.
7.4 Compliance: The Subscriber/Customer shall comply with applicable privacy laws and obtain necessary consents for data processed through the Services or Print Products.
8. Limitation of Liability
8.1 Exclusion of Damages: Neither party shall be liable for indirect, incidental, or consequential damages, including lost profits, arising from this Agreement.
8.2 Liability Cap: For Print Products and other one-time orders, the Company’s total liability for any claim relating to an order shall not exceed the amount the Customer paid for that order. For Subscription Services, the Company’s total liability shall not exceed the amount paid by the Subscriber in the 12-month period preceding the claim.
8.3 Applicable Law: The limits in this Section apply to the fullest extent permitted by law and do not limit any liability that cannot be limited under applicable law.
8.4 Events Beyond the Company’s Control: The Company is not responsible for delays or failures caused by events beyond its reasonable control, including carrier delays, severe weather, natural disasters, power or internet outages, supplier shortages, labor disputes, or government action.
9. Termination
9.1 Subscription Termination: The Subscriber must provide written notice of cancellation to support@madmonkey.media 30 days prior to the end of the Term. No refunds will be issued for Subscriptions.
9.2 Print Shop Termination: Print orders may be canceled per Section 3.7. The Company may cancel orders for non-payment or violation of terms.
9.3 Suspension: The Company may suspend access to Services or delay Print Product orders for non-payment or breach of this Agreement.
10. Governing Law and Dispute Resolution
10.1 Governing Law: This Agreement is governed by the laws of the State of Texas, without regard to conflict of laws principles.
10.2 Dispute Resolution: Disputes shall be resolved through good faith negotiations, followed by mediation if unresolved within 90 days, and binding arbitration per the American Arbitration Association rules if mediation fails. The prevailing party may recover reasonable attorneys’ fees.
10.3 Venue: Any mediation or arbitration will take place in Dallas County, Texas, unless the parties agree to hold it by video or telephone. Either party may instead bring an individual claim in a small claims (justice) court in Dallas County, Texas, if the claim qualifies. Any court action permitted under this Agreement, including to enforce an arbitration award or to seek an injunction against misuse of intellectual property, shall be brought in the state or federal courts located in Dallas County, Texas.
11. General Provisions
11.1 Entire Agreement: This Agreement supersedes all prior agreements.
11.2 Amendments: Amendments must be in writing and signed by both parties, except that the Company may update these website terms by posting a new version with a new Last Updated date. The version in effect when an order is placed applies to that order.
11.3 Assignment: The Subscriber/Customer may not assign rights without the Company’s consent.
11.4 Severability: Invalid provisions shall not affect the remaining Agreement.
11.5 Notices: Notices shall be sent to:
MAD Monkey Media LLC, Dallas, TX, legal@madmonkey.media (legal notices) or support@madmonkey.media (orders and support)
Subscriber/Customer: the email address and mailing address provided at account creation or order placement
11.6 Customer Acknowledgment: By using the Services or placing a print order, you acknowledge that you have read and agree to these Terms and Conditions.
11.7 Website Accessibility: If a disability makes it hard to use this website or checkout, contact hello@madmonkey.media or call (800) 858-1639 and the Company will help you place your order and provide information in an accessible format. See the Accessibility Statement.
11.8 Contact: Orders and support: support@madmonkey.media or (800) 858-1639, Monday through Friday, 8:00 AM to 6:00 PM Central Time. Legal questions: legal@madmonkey.media.
These terms are pending counsel review. Questions: legal@madmonkey.media