Real Mushrooms Affiliate Terms of Service
By signing up for the Real Mushrooms Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).Real Mushrooms reserves the right to update and change these Terms of Service at any time. Notification of changes will be provided via email or through the affiliate platform at least 14 days before the amendments take effect. Affiliates must reconfirm their acceptance to the revised Terms to continue participation in the Program. Continued use of the Program after the effective date of changes constitutes acceptance of the amended terms.Continued use of the Program after any such changes shall constitute your consent to such changes. Real Mushrooms reserves the right to terminate your account for any violations of these terms and/or if the affiliate activity is deemed potentially damaging to our brand integrity. Termination of your account due to violating these terms will result in forfeiture of any outstanding affiliate commission payments earned during the violation.
Definitions
- Affiliate: An individual or entity participating in the Real Mushrooms Affiliate Program.
- Affiliate Link: A unique URL or code provided to the affiliate to track sales and commissions.
- Commission: The monetary amount earned by an affiliate for confirmed sales generated through their affiliate link.
- Program: The Real Mushrooms Affiliate Program, governed by these Terms of Service.
- Terms of Service: The legal terms and conditions governing the Program.
General Terms for Acceptance
- You must operate a health- or wellness-focused website, business, or social media page.
- You must be in full compliance with our Terms of Service at all times.
- You may not post your link or code on any coupon or offer sites, plugins, or extensions.
- You may be located anywhere in the world, however our affiliate program only applies to sales made using our website (www.realmushrooms.com) on orders that will be shipped within the United States.
- You must use your affiliate link to be paid for sales with no exceptions.
Enrollment
After receiving your application, we will review your information and notify you of your acceptance into our Program. Please allow up to 2 weeks for your application to be reviewed. We reserve the right to reject any application.
Once your application has been approved, you will be given access to your personal account panel in our affiliate platform, Affiliatly, and assigned an affiliate link. You will also be given access to our Affiliate Toolkit which contains information and resources to help you create content and promote your affiliate link.
Payment Terms
- Approved affiliates earn 20% of any confirmed sale made through approved affiliate tracking links.
- Approved affiliate tracking links are created and maintained by Affiliatly, and available to you, the affiliate, in your admin panel.
- Commissions are on NET ORDER AMOUNT excluding shipping, taxes, and any discounts.
- Affiliates must reach a minimum of $100 in accrued commissions to be eligible for payout. If the affiliate's earnings fall below this threshold, the balance will remain in their account until it reaches the required amount, even if the affiliate ends participation in the Program.
- Commissions are paid in USD via PayPal within the first week of each month.
Terms for Participation
Affiliates must adhere to all relevant advertising standards, including the FTC’s guidelines for endorsements and testimonials, as applicable. Affiliates should avoid making unsubstantiated health claims or medical statements. To support compliance, Real Mushrooms provides a list of approved language and topics in the Affiliate Toolkit. Violations may result in termination and potential legal action.Your participating website(s)/online properties may not:
- Infringe on Real Mushrooms’ or anyone else’s intellectual property, publicity, privacy, or other rights.
- Violate any law, rule, or regulation within the United States, Canada, or their residing country.
- Violate any terms set forth by the platform or service used in its creation (eg. social media platform, website host, email host, etc.)
- Contain any content that is defamatory, obscene, offensive, provocative, threatening, harassing, political in nature, harmful to minors, or contains nudity, pornography, or sexually suggestive or explicit materials.
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- Contain software or use technology that attempts to intercept, divert, or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.
- Affiliates agree not to make any disparaging, defamatory, or otherwise harmful statements about Real Mushrooms, its products, or its employees, either publicly or in any medium where such statements may reach Real Mushrooms’ customers or potential affiliates. Violation of this clause may lead to immediate termination from the Program and forfeiture of outstanding commissions.
- As well, your content may not:
- Criticize other brands by name when promoting our products
- Make medical claims about functional mushrooms
- Reference specific ailments or illnesses (e.g. cancer, diabetes, Alzheimer’s, etc.)
- Use definitive statements (e.g. “will cure…” or “is used to treat…”)
- Use the term “medicinal” when referring to our mushrooms
- Refer to our mushrooms as “shrooms” or reference psychedelic compounds or substances
Content Suggestions
We have found that some targeted language and themes have been most successful with our affiliates. In addition to the terms above, you are encouraged to:
- Refer to the quality of our products:
- 100% organic mushrooms (not mycelium)
- No added fillers, starches, gluten, GMOs, mycelium, or grain of any kind
- Each product is 3rd party tested for quality and purity at an accredited lab
- Guaranteed high in beta-glucans for maximum health benefits
- Dual extracted with hot water and/or alcohol to unlock beneficial compounds
- Use the term “functional mushrooms” (NOT “medicinal mushrooms”)
- Stick with vague and broad health statements (eg. “may support…” or “can assist with…”
- Check the Approved Language by Topic section in the Affiliate Toolkit for specific conditions (eg. sleep, stress, etc.)
- Learn about mushrooms vs. mycelium to understand the quality of our products vs. other brands (more on this in the Affiliate Toolkit)
- Reference your personal experience with our products (without making medical claims)
- Keep your communications honest and educational when promoting our brand
- Mention your affiliate link verbally and/or in your post to earn commission on sales referred by you
Linking to Realmushrooms.com
- Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
- You may not engage in cookie stuffing or include pop-ups, or false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).
- Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
PPC Guidelines
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
- You may not bid on any of our branded terms (“Real Mushrooms”, realmushrooms.com), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo, Facebook, or any other website, network, or coupon site.
- You may not use our branded terms in sequence with any other keyword (i.e. Real Mushrooms Coupons).
- You may not use our branded terms in your ad title, ad copy, display name, or as the display URL.
- You may not directly link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliate links must be directed to an actual page on your website or online property.
- If you automate your PPC campaigns, it is your responsibility to exclude our branded terms from your program and we strongly suggest you add our branded terms as negative keywords. We have a strict no-tolerance policy on PPC branded term bidding.
Coupon Guidelines
- You may request the creation of a coupon code as a personalized promotional tool by reaching out to hello@realmushrooms.com.
- Any coupon code created for you will be valid for use on our website for a maximum time of one month.
- Our team reserves the right to cancel the coupon code for any reason at any time.
- You may not use coupons or offer sites to promote our program.
- You may not submit your affiliate links or coupon codes to any coupon sites.
- Any transaction coming from a coupon or offer site will be reversed.
- You may ONLY advertise coupon/discount codes that are provided exclusively to you through the affiliate program.
Intellectual Property Rights
- Affiliates are granted a limited, revocable license to use Real Mushrooms’ name, logo, and approved images solely for promoting the Program. Any use of these assets outside approved affiliate activities or without permission may lead to termination.
- Affiliates may not use branded terms in domain names, sub-domains, or social media handles (e.g., "realmushrooms.website.com" or "href@@http://facebook.com/Real-Mushrooms-Coupons@ @@@facebook.com/Real-Mushrooms-Coupons@@href").
Social Media
- Use of any of our branded terms as part of your social handle is strictly prohibited (eg. facebook.com/Real-Mushrooms-Coupons and similar)
- “Collab” requests will only be approved by our team if you hold an active influencer contract with our company.
- Any content generated as part of the Real Mushrooms affiliate program is owned by the creator, but may be shared or reposted to our company social media channels without prior warning and will always contain reference to you, the original creator.
- Approvals for content generated as part of the affiliate program are not required, however we reserve the right to decide if the content meets our guidelines and, if it does not, may end in your immediate termination from the affiliate program.
Email
If you intend to promote our Program via email campaigns, you must adhere to the following:
- Affiliates must comply with all relevant data privacy laws, including the California Consumer Privacy Act (CCPA) and CAN-SPAM Act, as applicable. Affiliates are prohibited from collecting or processing personal data of Real Mushrooms' customers without explicit authorization. Violation of these privacy requirements may result in immediate termination from the Program. More information on the CAN-SPAM Act can be found here: https://www.fcc.gov/general/can-spam
- E-mail must be sent on your behalf and must not imply that the email is being sent on behalf of Real Mushrooms.
Product Claims
- Real Mushrooms is in no way liable for any claims not approved or endorsed directly by the Real Mushrooms marketing team in writing for the specific instance in question.
- Making false advertisements or claims about Real Mushrooms products is prohibited.
- If Real Mushrooms is sued for false claims made on your behalf, it will seek legal action against the content creator.
- Real Mushrooms products have not been evaluated by the Food and Drug Administration. Any products mentioned are not intended to diagnose, treat, cure, or prevent any disease. Any information given is not intended to replace medical advice offered by licensed medical physicians. Please consult your doctor or health practitioner for any medical advice.
- Real Mushrooms reserves the right terminate affiliate accounts without consultation and for any reason as outlined in this contract or otherwise deemed inappropriate or questionable by our team.
Additional Terms
Affiliates agree not to make any disparaging, defamatory, or otherwise harmful statements about Real Mushrooms, its products, or its employees, either publicly or in any medium where such statements may reach Real Mushrooms’ customers or potential affiliates. Violation of this clause may lead to immediate termination from the Program and forfeiture of outstanding commissions.
Affiliates may receive confidential information related to Real Mushrooms, including marketing strategies, unreleased product details, and performance metrics. Affiliates agree to keep this information strictly confidential and to use it solely for purposes related to the Program. Any unauthorized disclosure or use of confidential information may result in termination from the Program and may expose the affiliate to legal action.
Real Mushrooms will not be liable for any delays or failure to perform any obligations under these Terms of Service due to events beyond its reasonable control, including acts of God, natural disasters, or governmental actions. Affiliates agree to accommodate any necessary adjustments resulting from such events without claiming damages or penalties.
Real Mushrooms reserves the right to audit affiliate marketing practices, including website content, social media posts, and PPC campaigns, to ensure compliance with these Terms. Affiliates must cooperate fully with any such audit and provide information upon request. Failure to comply may lead to termination from the Program.
Affiliates are prohibited from excessive promotion or “spam-like” behavior that may harm Real Mushrooms’ reputation. Affiliates agree to only post affiliate links in contexts relevant to health and wellness, and within the guidelines provided by Real Mushrooms. Violation of this clause may lead to immediate termination from the Program.
Real Mushrooms reserves the right to periodically review affiliate performance. Affiliates with no activity for a period of six months may be removed from the Program. Affiliates will be notified of potential removal and provided an opportunity to re-engage with the Program.
Limitation of Liability
Affiliates agree to indemnify, defend, and hold harmless Real Mushrooms and its directors, officers, employees, and agents from any claims, damages, or expenses arising out of any breach of this agreement or unauthorized actions. Real Mushrooms’ liability is limited to the amount of commissions earned by the affiliate in the three-month period prior to any claim.
Dispute Resolution
In the event of a dispute arising from these Terms of Service, the parties agree to resolve the matter through binding arbitration conducted in the country and province where Real Mushrooms is headquartered. Both parties waive the right to pursue claims in court, except as needed to enforce an arbitration decision or to pursue injunctive relief for violations of intellectual property rights.
Reversal & Communication Policy
Affiliates must communicate with Real Mushrooms promptly regarding any inquiries about their participation in the Program. Failure to respond to requests for clarification or questions about traffic sources within five business days may result in reversal of orders or termination from the Program.We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions. If we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy. If any of the following apply, then we reserve the absolute right to reverse orders or terminate you from the program.
- You are not forthcoming, intentionally vague, or are found to be lying.
- You are not responsive within 5 business days.
- You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
Contact: hello@realmushrooms.com with questions
Updated December 2024
