Terms and Conditions

Version 4.0

Effective Date: [__________, 2026]

1. General Disclaimer

MyOtherJob, doing business as an alternate name of ElieCom L.L.C., provides information, products, and services aimed at helping you grow your business. However, we make no guarantees regarding your success, which depends on various factors, including effort, product quality, and the market. We are not responsible for outcomes that fall short of expectations.

2. No Guarantees

MyOtherJob does not guarantee any specific results or financial gains from using our services. Success may vary depending on factors such as effort, market conditions, and product quality. We do not make any promises or guarantees regarding your business’s performance.

3. Limitation of Liability

Under no circumstances shall MyOtherJob or ElieCom L.L.C. be held liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use of our website, platform, or services, including but not limited to lost profits, data loss, business interruption, or any other commercial damages. The Company’s total aggregate liability under this agreement shall not exceed the total amount of profit share payments actually paid to you in the twelve (12) months preceding the claim. By using this website and platform, you agree to these limitations.

4. Participation and Company Investment

By registering on MyOtherJob, you acknowledge that participation is free of charge. There is no membership fee, subscription, or upfront cost. You submit designs, and we handle all marketplace and retail operations on your behalf.

Company’s Investment: For each approved design, the Company invests its own resources to create commercial value, including but not limited to: professional product mockups and photography; product listing creation and copywriting; search engine optimization (SEO), keyword research, and marketplace tag strategy; trademark screening and quarterly trademark monitoring; printing, manufacturing, and fulfillment coordination; shipping and logistics management; customer service and support; returns processing and quality control; advertising and promotional campaigns (at the Company’s expense); marketplace listing fees and renewals for actively selling products; and ongoing marketplace account management and compliance. These investments are made at the Company’s sole expense and risk, with no cost to the designer. The designer acknowledges that the Company’s investment in each design creates independent value beyond the design itself.

5. Design Submissions and Quality Standards

All design submissions are reviewed for quality, originality, and marketability. MyOtherJob reserves the right to reject any submission at its sole discretion. If a design is not approved, all rights to that design revert to you immediately.

For approved designs, MyOtherJob may optimize titles, tags, descriptions, and mockup presentations to maximize marketplace visibility and sales potential.

Trademark Screening: MyOtherJob performs trademark screening on all submissions prior to listing and conducts quarterly trademark monitoring on all active designs. This screening covers registered trademarks only and does not include a copyright search, visual similarity analysis, or general intellectual property clearance. It is performed as a courtesy and does not constitute legal advice or a guarantee of non-infringement. The designer is ultimately responsible for ensuring that submitted designs do not infringe on any third-party intellectual property rights, including both trademarks and copyrights.

6. Cooling-Off Period

After a design is approved and listed, the designer has a seven (7) calendar day cooling-off period during which they may withdraw the design by providing written notice to legal@myotherjob.io. If the designer withdraws during the cooling-off period:

• (a) All rights to the design artwork revert to the designer immediately.
• (b) The Company will remove all product listings featuring the design within five (5) business days.
• (c) If any sales occurred during the cooling-off period, the designer retains their profit share for those sales.
• (d) No further license to the design artwork is granted.

IMPORTANT: Company Work Product: Even upon withdrawal during the cooling-off period, all Company Work Product (as defined in Section 7) remains the exclusive property of the Company. The designer may NOT use, copy, replicate, or distribute any mockups, product photography, listing titles, product descriptions, keyword or tag strategies, SEO optimization, or any other materials created by the Company. See Section 7 for full details.

After the seven-day cooling-off period expires without withdrawal, the commercial license granted under Section 9 becomes permanent and irrevocable.

7. Company Work Product

7.1 Definition

“Company Work Product” means all materials created, developed, or assembled by the Company or its team in connection with listing, marketing, and selling products featuring a designer’s submitted design. Company Work Product includes, without limitation:

• (a) Product mockups, product photography, and lifestyle imagery.
• (b) Listing titles, product descriptions, and copywriting.
• (c) Keywords, tags, SEO strategy, and marketplace optimization data.
• (d) Pricing strategy and competitive positioning.
• (e) Advertising copy, promotional materials, and social media content created by the Company.
• (f) Any other creative, technical, or strategic materials developed by the Company to support the sale of products featuring the design.

7.2 Ownership

All Company Work Product is and remains the sole and exclusive intellectual property of ElieCom L.L.C. The designer has no ownership interest, license, or right of use in any Company Work Product, regardless of whether the designer’s design appears in or is referenced by such materials.

7.3 Prohibition on Use

The designer shall not, at any time (during or after participation on the platform), copy, reproduce, distribute, publicly display, or use any Company Work Product for any purpose, including but not limited to:

• (a) Listing the same or similar products on competing marketplaces using the Company’s mockups, titles, descriptions, tags, or SEO strategy.
• (b) Providing Company Work Product to any third party.
• (c) Using Company Work Product as a template, reference, or starting point for competing listings.

This prohibition applies even if the designer withdraws during the cooling-off period, terminates their account, or the design is delisted. The design is yours. The work we built around it is ours.

7.4 Remedies

Unauthorized use of Company Work Product constitutes a material breach of this agreement and may constitute misappropriation of trade secrets under the New Jersey Trade Secrets Act (N.J.S.A. 56:15-1 et seq.) and/or copyright infringement. The Company may seek injunctive relief, actual damages, statutory damages, and attorneys’ fees. The designer acknowledges that monetary damages alone may be insufficient and that injunctive relief is appropriate.

8. Design Variations

MyOtherJob and its design team may create variations, renditions, or derivative versions of approved designs. A “variation” means a derivative work that retains recognizable visual elements, themes, or stylistic DNA of the original parent design. Works that are independently conceived or share only a general concept, theme, or genre with the original are not variations and will be treated as independent submissions.

All variations are children of the original parent submission. The original designer earns the same profit share percentage on all sales from all variations as they do on their original design.

Content Guardrails: Variations will not add political, religious, sexually explicit, or otherwise controversial content without the designer’s prior written consent. Variations will remain consistent with the general aesthetic character and artistic intent of the original submission.

Notification and Visibility: The Company will notify the designer via their dashboard when a new variation is created. All variations and their sales data are visible in the designer’s dashboard.

No Public Attribution: Variations are not publicly attributed to the original designer on product listings without the designer’s express written permission.

9. Intellectual Property and Commercial License

When a design is approved and listed through MyOtherJob (and following expiration of the cooling-off period in Section 6), the designer grants ElieCom L.L.C. a commercial license as follows:

9.1 Tier 1 and Tier 2 Submissions (Full Designs)

The designer grants a permanent, irrevocable, exclusive commercial license to use, reproduce, modify, adapt, and sell products featuring the design across all consumer product and merchandise channels, including but not limited to: print-on-demand products, screen-printed goods, manufactured merchandise, apparel, accessories, home goods (including but not limited to mugs, towels, blankets, and pillows), outdoor products (including but not limited to tents, chairs, flags, and picnic accessories), tote bags, promotional items, stationery, and any other tangible consumer product, whether existing now or developed in the future. This license covers all methods of production (including print-on-demand, screen printing, embroidery, sublimation, direct-to-garment, direct-to-film, laser engraving, and traditional manufacturing) and all distribution channels (including online marketplaces, retail stores, wholesale, pop-up shops, direct-to-consumer, and any other distribution method). This license is transferable and sublicensable, and survives any cancellation, termination, or closure of the designer’s account.

9.2 Tier 3 Submissions (Description/Idea Only)

The designer grants a permanent, irrevocable, non-exclusive commercial license to use, reproduce, modify, adapt, and sell products based on the submitted idea across all channels as described in Section 9.1. The designer retains the right to develop and commercialize the same idea independently. However, the Company’s license to the specific artwork created by the Company’s design team based on the Tier 3 idea is exclusive to the Company.

9.3 Scope of Exclusivity: What You Keep (Tier 1 and Tier 2)

The exclusive license applies solely to consumer products and merchandise. The designer retains the right to use the design in:

• (a) Personal portfolio display (digital or physical) for showcasing creative work.
• (b) Fine art exhibition, gallery display, or sale of original artwork or limited fine art prints.
• (c) Client commissions for non-product applications (murals, logos, branding, graphic design services).
• (d) Educational, editorial, or personal (non-commercial) use.

Restriction: The designer shall not license, sell, or authorize any third party to manufacture, sell, or distribute consumer products or merchandise featuring the same or substantially similar design through any platform, channel, or method.

9.4 Trademark Protection

If a designer obtains or applies for a trademark, copyright registration, or any other intellectual property protection on a submitted design, MyOtherJob’s pre-existing commercial license is not affected. The designer must notify MyOtherJob in writing within fourteen (14) days of filing any such application. Failure to notify constitutes a material breach.

9.5 Third-Party Licensing Deals

If a third party approaches either the Company or the designer with a licensing, wholesale, or distribution offer exceeding $25,000 in total value, both parties agree to negotiate in good faith. The designer will have the opportunity to participate. The Company retains final decision-making authority but will not unreasonably withhold consent to deals that increase earnings for both parties. Revenue from third-party deals is subject to the designer’s applicable tier-based profit share.

10. Designer Representations and Warranties

By submitting a design, you represent and warrant that:

• (a) You are the sole creator and owner of the submitted design, or you have obtained all necessary rights and permissions to submit it.
• (b) The design is original and does not infringe upon any trademark, copyright, patent, trade secret, or other intellectual property right of any third party.
• (c) You have full legal authority and capacity to grant the commercial rights contained in this agreement.
• (d) The design does not contain defamatory, obscene, or unlawful content.
• (e) You are at least eighteen (18) years of age or the age of majority in your jurisdiction.

11. Indemnification

You agree to indemnify, defend, and hold harmless ElieCom L.L.C., its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your breach of any term of this agreement; (b) any claim that a design you submitted infringes, misappropriates, or violates any third-party intellectual property right; (c) any misrepresentation in your submissions or registration information; or (d) your use of the platform in violation of applicable law. This indemnification obligation survives termination.

12. User Responsibilities

As a user of MyOtherJob, you are responsible for ensuring that your actions comply with all applicable laws and regulations. You must not submit designs that infringe on any trademarks, copyrights, or other intellectual property rights. You must have the legal right to grant commercial rights to any designs you submit. Consult a tax professional for any tax-related questions. We are not liable for any illegal activities conducted by users.

13. Payment, Payouts, and Fees

13.1 Wallet System

Earnings from sales are credited to your MyOtherJob wallet. The wallet is a profit-share accumulator only. You do not deposit personal funds into your wallet. Wallet balances are updated as sales are processed and reconciled.

13.2 Manual Payout Request

You may request a payout at any time once your wallet balance reaches the Manual Payout Threshold of $25.00 or more. Payout requests are processed within fourteen (14) business days to the PayPal email address on file in your account. It is your responsibility to maintain accurate and current PayPal information.

13.3 Automatic Payout

When your wallet balance reaches the Automatic Payout Threshold of $100.00, the Company will automatically issue a payout to your PayPal within fourteen (14) business days. No request is needed. The payout amount equals the wallet balance minus the payout processing fee (Section 13.5).

13.4 Annual Payout for Sub-Threshold Balances

If your wallet balance has not reached the $25.00 Manual Payout Threshold for twelve (12) consecutive months and no new earnings have been credited during that period, the Company will automatically issue a payout of the remaining balance to your PayPal on file (subject to the payout processing fee in Section 13.5). If the balance after deducting the payout processing fee would be less than $1.00, the payout will be deferred to the next calendar quarter to avoid a micro-payment where the processing fee consumes most of the value.

13.5 Payout Processing Fee

Each payout (whether manual or automatic) is subject to a payout processing fee equal to the actual transaction fee charged by the payment processor (currently PayPal). As of the effective date of this agreement, PayPal’s standard fee is approximately $0.31 + 2.9% per transaction (subject to change by PayPal). This fee is deducted from the payout amount. The Company does not add any markup or additional fee beyond the actual payment processor charge.

The payout processing fee applies only to the payout transaction itself. It is not deducted from the net profit calculation (Section 14) and does not reduce your profit share percentage. Your profit share is calculated first, credited to your wallet in full, and the processing fee is deducted only at the moment of payout.

13.6 Earnings Never Expire

Your wallet balance does not expire and is not subject to forfeiture due to inactivity. Your earned money is always your money. In the unlikely event that a payout cannot be delivered despite the Company’s reasonable efforts and the balance remains unclaimed beyond the periods required by applicable law, unclaimed funds will be handled in accordance with the New Jersey Uniform Unclaimed Property Act (N.J.S.A. 46:30B-1 et seq.).

13.7 Wallet Balance Floor

Your wallet balance shall never go below $0.00 under any circumstances. No fee, deduction, or charge under this agreement (including payout processing fees) may cause your wallet balance to become negative. If any fee or charge would cause a negative balance, the transaction triggering that fee does not occur.

14. Net Profit Definition and Transparency

“Net Profit” is calculated as the gross sale price received by the Company, less:

• (a) Production and printing costs charged by the Company’s fulfillment and manufacturing partners.
• (b) Marketplace transaction fees and payment processing fees charged by third-party platforms.
• (c) Actual shipping costs charged by carriers.
• (d) Applicable sales tax remitted to taxing authorities.

Excluded from Net Profit deductions: The Company’s advertising expenses, platform subscription fees, overhead, operating costs, software costs, general business expenses, payout processing fees (Section 13.5), and listing renewal fees (Section 15) are NOT deducted from Net Profit.

Volume Discount Pass-Through: If the Company negotiates reduced costs from fulfillment partners or platforms, the savings are reflected in Net Profit and increase the designer’s profit share.

Dashboard Transparency: The Company provides a real-time dashboard showing, for each sale: units sold, sale price per unit, itemized cost deductions, net profit per unit, and your profit share amount. All marketplace data available to the Company is made available to the designer.

Audit Right: Upon written request (once per calendar year), you may request a detailed accounting including: (i) total units sold per product, (ii) sale price per unit, (iii) itemized deductions per unit, (iv) net profit per unit, (v) profit share per unit, and (vi) total profit share for the period. Fulfillment partner invoices (e.g., Printify receipts) are available upon request for specific transactions. Response within thirty (30) business days.

Records maintained for three (3) years.

15. Listing Renewal and Marketplace Fees

15.1 Overview

Certain marketplaces (currently Etsy) charge a per-listing renewal fee each time a product listing renews (currently $0.20 per listing per renewal cycle, approximately every four months, totaling $0.40 per eight-month renewal period). The Company covers all listing renewal fees for the first eight (8) months at its own expense.

15.2 Actively Selling Products

If a product listing has generated at least one sale within the preceding eight (8) months, the Company automatically renews the listing at its own expense. The eight-month window resets each time a sale occurs.

15.3 Non-Selling Products

If a product listing has not generated any sales within the preceding eight (8) months (since the last sale or since the listing was created), the listing will expire unless the designer has enabled auto-renewal for that listing. The designer will receive an email notification approximately thirty (30) days before a non-selling listing expires, giving them time to enable auto-renewal if desired.

15.4 Auto-Renewal Toggle

• (a) Default State: OFF. The designer must affirmatively opt in to auto-renewal for each listing. Auto-renewal is never enabled by default.
• (b) How It Works: If auto-renewal is toggled ON for a non-selling listing that has passed the initial eight-month Company-paid period, the renewal fee of $0.40 per listing will be deducted from the designer’s wallet to cover the next eight-month renewal period.
• (c) If Auto-Renewal Is OFF: The listing will be allowed to expire naturally on the marketplace after 8 months of no sales. The Company will not forcibly delist it. It simply will not be renewed.
• (d) Toggle Changes: The designer may turn the toggle on or off at any time. The toggle change takes effect at the next renewal decision.
• (e) Wallet Balance Protection: The designer’s wallet will never go negative. If the wallet balance is insufficient to cover the $0.40 renewal fee, the listing will simply be deactivated rather than renewed. No external payment method (credit card, bank account, etc.) is ever required.

15.5 Renewal Fee Structure

For the first eight (8) months after a listing is created (or after the most recent sale), the Company pays all listing renewal fees at its own expense. After the initial eight-month period, if the designer has enabled auto-renewal, the $0.40 renewal fee is deducted from the designer’s wallet balance. This fee covers approximately eight months of marketplace listing renewals. Renewal fees deducted from the designer’s wallet are not deducted from Net Profit calculations (Section 14) and do not reduce the designer’s profit share percentage.

15.6 Notifications

• (a) 30-Day Expiry Warning: Approximately thirty (30) days before a non-selling listing expires, the designer receives an email and in-app notification with the listing name and encouragement to enable auto-renewal.
• (b) Listing Renewed: When a listing is renewed, notification with listing name and whether it was Company-paid or wallet-funded.
• (c) Listing Deactivated: When a listing expires or is deactivated due to insufficient wallet balance, notification that the listing has been deactivated and may be re-enabled.

15.7 Relisting

If a listing has expired or been deactivated, the designer may request relisting at any time by enabling auto-renewal from their dashboard, provided sufficient wallet balance exists. The Company will renew at the next available cycle.

15.8 Platform-Specific Application

This auto-renewal system currently applies to Etsy listings only. Amazon charges per-sale referral fees (not per-listing) and Shopify charges the Company a monthly subscription regardless of listing count. If marketplace fee structures change, this section may be updated per Section 18.

15.9 Dashboard Visibility

For each listing, the dashboard displays: auto-renewal toggle state, date of last sale, approximate next renewal date, and listing expiry status.

16. Listing Optimization and Marketing

MyOtherJob optimizes product listings using proprietary SEO and keyword evaluation processes. MyOtherJob may run advertisements or promotions at its own expense. Designers are encouraged but not required to share product links. MyOtherJob makes no guarantees about search ranking, placement, or volume. Advertising expenses are not deducted from designer earnings.

17. Confidentiality and Non-Disparagement

17.1 Confidentiality

You agree to keep confidential all non-public business information disclosed to you through the platform, including but not limited to internal profit calculations, sales data beyond your dashboard, operational processes, and proprietary systems.

17.2 Non-Disparagement

You shall not make false, misleading, or defamatory statements about MyOtherJob, ElieCom L.L.C., or their products, services, officers, or employees. Nothing in this section restricts your right to: (a) provide truthful information to government agencies or as required by law; (b) make truthful statements about your own experience, earnings, payment history, or interactions; or (c) provide honest reviews or feedback through appropriate channels.

18. Amendments

MyOtherJob reserves the right to amend these terms with thirty (30) days’ written notice to your registered email.

Grandfather Clause: Material changes will not apply retroactively to designs already submitted and approved.

Material Changes Defined: Modifications to: (i) profit share percentages, (ii) license scope, (iii) payment terms, thresholds, or methods, (iv) payout processing fees beyond actual processor charges, (v) listing renewal fee policies, (vi) dispute resolution provisions, (vii) the cooling-off period, or (viii) Company Work Product provisions.

19. Dispute Resolution and Arbitration

19.1 Mandatory Arbitration

Any dispute arising from this agreement shall be resolved by binding arbitration administered by the AAA under its Consumer Arbitration Rules. Arbitration by a single arbitrator in New Jersey.

19.2 Class Action Waiver

All proceedings on an individual basis only. You waive class action, class arbitration, and representative proceedings.

19.3 Small Claims Exception

Either party may bring individual claims in NJ small claims court.

19.4 Attorneys’ Fees

Prevailing party recovers reasonable attorneys’ fees and costs.

19.5 Injunctive Relief

Nothing prevents the Company from seeking injunctive relief to protect intellectual property rights, Company Work Product, or the license granted under this agreement.

20. Governing Law and Venue

Governed by New Jersey law without conflict of law provisions. Exclusive venue for non-arbitration proceedings: NJ state or federal courts. Both parties consent to personal jurisdiction.

21. Assignment

The Company may assign this agreement in connection with merger, acquisition, or sale of assets. Assignee assumes all obligations including profit share. Designer may not assign without written consent.

22. Force Majeure

Neither party liable for failure or delay due to causes beyond reasonable control, including acts of God, natural disasters, pandemic, government actions, internet or infrastructure failures, or supplier disruptions.

23. Severability

If any provision is found invalid, the remainder continues in full force. The invalid provision is modified to the minimum extent necessary to become valid while preserving original intent.

24. Electronic Agreement

By clicking “I Agree” or submitting a design, you agree to be bound by all terms. Your electronic acceptance constitutes a legally binding signature under the E-SIGN Act and applicable state law.

25. Entire Agreement

This Terms and Conditions, together with the Designer Agreement (v4.0), constitutes the entire agreement. In the event of conflict, the Designer Agreement controls.

26. Notices

Notices to the Company: legal@myotherjob.io. Notices to you: email on file. Deemed received 24 hours after sending. Maintain a current email address.

27. Term and Termination

27.1

Effective upon acceptance. Continues until terminated.

27.2 Voluntary Termination

Close your account anytime via written notice to legal@myotherjob.io. Upon voluntary termination, all auto-renewal toggles are set to OFF. Listings will lapse at their natural renewal points.

27.3 Survival of License

Termination does not affect the Company’s license (for designs past the cooling-off period).

27.4 Post-Termination Earnings

You remain entitled to profit share on ongoing sales. Post-termination payouts are auto-issued quarterly to your PayPal (within 30 days of each quarter end), subject to the payout processing fee. No dashboard access required.

27.5 Company Termination for Cause

The Company may terminate for material breach, infringement, or fraud, with written notice specifying the reason and provision breached (except immediate termination for fraud/illegal activity). Termination for cause does not extinguish payment obligations.

27.6 Survival of Company Work Product

The Company’s ownership of Company Work Product (Section 7) survives any termination. The designer’s obligations regarding Company Work Product are perpetual.