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CommunitySimcha coordinates community gifting campaigns in which members of a community contribute toward a gift for a fellow member’s simcha (life-cycle celebration). When a campaign closes, CommunitySimcha will transmit an order to Partner consisting of a total budget and a delivery address (each, an “Order”).

Partner shall fulfill each Order from its own inventory, in its sole discretion as to the specific goods provided, up to the full value of the Order budget. CommunitySimcha will not provide an itemized list of goods, and Partner is not required to match any specific product selection.

Partner shall fulfill each Order for the full amount raised by the community (the “Order Total”). CommunitySimcha’s commission shall be applied as a discount against the amount charged to the payment card on file, such that Partner charges the Order Total less the agreed commission percentage (the “Discounted Amount”) while delivering goods equal to the full Order Total. By way of illustration, on an Order Total of $200 at a 0% commission, Partner charges $200 and delivers $200 in goods.

Partner’s commission percentage is 0%, as set forth in Partner’s Business Partner Application. In no event shall Partner’s commission percentage be less than 0% for the term of this Agreement, and it may be changed only by mutual written agreement of both parties.

CommunitySimcha shall not route Orders to Partner with an Order Total below $0.

Every Order shall provide a minimum of 24 hours between the release of the Order to Partner and the scheduled delivery time. If a community requires fulfillment on a shorter timeline, CommunitySimcha will contact Partner in advance to confirm availability before the Order is released.

Partner is granted exclusive fulfillment rights within the territory identified in Partner’s Business Partner Application (the “Territory”): the towns identified in the Application. During the term of this Agreement, CommunitySimcha shall not route Orders originating within the Territory to another Business Partner in Partner’s category, and Partner shall not be required to fulfill Orders originating outside the Territory.

The Territory may be modified only by mutual written agreement of both parties.

Orders are released to Partner upon the close of the applicable community contribution period. Partner shall confirm each Order through the Partner dashboard, or by reply to the order notification sent by text message or email, before commencing fulfillment. Upon confirmation, the Order is deemed fully assigned to Partner.

Partner shall mark each Order fulfilled by uploading one clear photograph of the completed gift through the Partner dashboard. This photograph will be shared with the community as confirmation of fulfillment, and Partner is solely responsible for ensuring it is professional, appropriate, and suitable for viewing by the recipient’s family and community.

If Partner is unable to fulfill a confirmed Order, Partner shall notify CommunitySimcha immediately and in advance of the scheduled delivery time.

Any of the following shall constitute a material breach of this Agreement: (a) failure to fulfill a confirmed Order without advance notice to CommunitySimcha; or (b) a repeated pattern of failing to communicate with CommunitySimcha regarding Order status. Upon a material breach, CommunitySimcha reserves the right, in its sole discretion, to suspend Partner’s account, reassign Partner’s Territory, or terminate this Agreement without written notice.

Partner shall charge the Discounted Amount to the CommunitySimcha payment card on file upon Partner marking the Order fulfilled through the Partner dashboard and providing a receipt by either uploading a photo in the dashboard or emailing it to billing@communitysimcha.com. Partner shall charge no more than the Discounted Amount for any Order.

Failure to apply the commission. If Partner charges more than the Discounted Amount — whether by omitting the 0% commission, applying a lower percentage, or billing the recipient or community directly outside the platform — the difference constitutes commission owed to CommunitySimcha. Partner shall remit that amount within fifteen (15) days of written notice, and CommunitySimcha may offset it against future Orders. Repeated or uncorrected failure to apply the agreed commission is a material breach under Section 6 and grounds for immediate suspension of Partner’s account.

Partner is an independent business. Nothing in this Agreement shall be construed to create an employment, agency, joint venture, or partnership relationship between Partner and CommunitySimcha. Partner is solely responsible for its own employees, contractors, taxes, licenses, and insurance.

CommunitySimcha will share recipient names, phone numbers, and delivery addresses with Partner solely for the purpose of fulfilling an Order. Partner shall not use such information for marketing or any other purpose, shall not sell, license, or otherwise disclose such information to any third party, and shall not retain such information beyond the period reasonably necessary to complete and reconcile the applicable Order.

Partner’s Business Partner Application constitutes a request to participate in the CommunitySimcha platform. The minimum Order value, lead time, commission percentage, and Territory become final and binding upon CommunitySimcha’s approval of Partner’s account. CommunitySimcha will confirm in writing any change to these terms prior to Partner’s account going live.

This Agreement commences on the Effective Date and continues until terminated by either party upon thirty (30) days’ written notice, or immediately by CommunitySimcha in the event of a material breach as described in Section 6.

Any Order confirmed by Partner prior to the effective date of termination shall remain Partner’s obligation to fulfill in accordance with this Agreement, notwithstanding termination.

• Entire Agreement. This Agreement, together with Partner’s Business Partner Application, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior discussions or understandings, whether written or oral.
• Amendment. Except as set forth in Section 4 and Section 9, this Agreement may be amended only by a written instrument signed by both parties.
• Notices. All notices under this Agreement shall be in writing and delivered to the contact information on file for each party.
• Assignment. Partner may not assign this Agreement without CommunitySimcha’s prior written consent. CommunitySimcha may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.
• Severability. If any provision of this Agreement is held unenforceable, the remaining provisions shall continue in full force and effect.