|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||A Starter Affiliate is someone with a 0-1.5k following and who is excited about sharing their love for FreshCap on social media and is interested in collaborating with us for content creation, goodies and some promotion!|
You may have never heard of functional mushrooms before, but it’s not a new concept.
These fantastic fungi have been used for centuries to promote health and longevity. And studies over the years support a wide range of powerful benefits including increased immunity, stress relief, cognitive function and “mush” more.
We wanted to make it easy for everyone to get the most out of mushrooms. So we’ve extracted the beneficial compounds and created easy to use capsules, powders, drink mixes and Shroomies for Dogs!
BENEFITS FOR EVERYONE
Health & Immune Support
Focus & Mental Clarity
Energy, Stamina & Endurance
Whatever your need, there's a mushroom for it!
- What is the difference between the three commission levels "Starter Affiliate", “Standard Affiliate" and “Top Tier Affiliate”?
A Starter Affiliate (0-1.5K following) and Standard Affiliate (1.5K-10K following) is someone who is excited about sharing their love for FreshCap on social media and is interested in collaborating with us for content creation, goodies and some promotions! A Top Tier Affiliate (10K+ following) is an affiliate with an engaged social following and is looking to promote FreshCap products to their following online. There are three commission levels: Starter Affiliate are eligible for 10% commission, Standard Affiliates are eligible for 15% commission while Top Tier Affiliates are eligible for 20% commission.
- How can I see my sales?
In our welcome email, you’ll receive a link to log into your account where you’ll be able to see your sales, payment status, shorten your affiliate link and all other relevant information.
- How will I get paid?
Commission off of any sales made will be paid to your PayPal account on the 30th of each month. Please make sure to include the correct email address connected to your PayPal account to ensure you get paid out each month. Without this, we cannot make payments to you.
- What if I make a sale and it doesn’t show up?
It takes about 1-2 business days for a sale to show up on your account. A sale will also only be credited to you if you make sure that the person shopping clicked your link to visit the freshcap.com website. If it’s still not working, please email [email protected] with a screenshot of the checkout screen and we can fix any errors.
What can I do to make more sales?
Great question! Some best practices and tips to make sure you’re doing the most:
- Add your shortened personal link to the bio section of all your social accounts.
- Post on your Instagram + Facebook about your favorite FreshCap products and recommendations (cover all bases including your feeds and stories).
- Make sure you follow @freshcapmushrooms on Instagram and join our Facebook group to keep up with the latest and see what other FreshCap Family members are doing to make $$.
- Reach out to us at [email protected] if you have any content collab ideas (Instagram Takeover, Facebook Live, IGTV, TikTok videos, we’re open to anything!)
Got more questions? Email [email protected]!
FRESHCAP MUSHROOMS LTD.
INDEPENDENT INFLUENCER AGREEMENT
This Independent Influencer Agreement (including any schedules, exhibits or addenda attached hereto, the “Agreement”), is made and entered into as of the date identified below (the “Effective Date”), by and between FreshCap Mushrooms Ltd. (“FreshCap”), and the influencer identified below (“Independent Influencer” or “you”). In consideration of the mutual promises contained herein, the parties agree as follows:
The Independent Influencer Program. Independent Influencer agrees to provide to FreshCap under the terms and conditions of this Agreement, services (the “Services”) in connection with FreshCap's Independent Influencer Program (the “Program”). As part of the Services, Independent Influencer will generate and post content (including, without limitation, text, videos and images) regarding FreshCap brand and FreshCap products on Independent Influencer’s dedicated FreshCap Web page (the “Influencer Page”) and on Influencer's Instagram, Instagram Story, Twitter, Facebook, blog and potentially YouTube and Pinterest (the “Social Channels”) (collectively the “Content”) in an effort to generate sales.
Independent Influencer agrees to:
Devote such of his/her time, resources and best efforts to the Services as is reasonably necessary to perform them in a professional and diligent manner.
Comply with all applicable laws and regulations.
Determine, in his /her discretion, the time, place, manner, means, methods and independent/personal resources by which the Services are performed and achieved.
Provide and utilize his/her own equipment, tools and other resources in performing the Services but FreshCap will provide to Independent Influencer certain informational materials to facilitate the creation of Independent Influencer's created content to his/her Influencer Page and/or Social Channels (such templates and other materials are collectively referred to as the “FreshCap Materials”).
Will be responsible for (i) creating and editing the Content and (ii) either emailing to FreshCap such Content to upload to the Influencer Page or posting such Content on the Social Channels. All such Content that is uploaded to the Influencer Page will be posted to the Influencer Page subject to prior review by FreshCap. FreshCap has the right to remove any Content from the Influencer Page.
It is understood and agreed that Independent Influencer will be an independent contractor, is not and will not be considered an agent or employee of FreshCap (or any of its affiliates or related entities), and shall have no authority to bind FreshCap (or its affiliates or related entities) by contract or otherwise.
Independent Influencer agrees that they will not: (i)
Make any derogatory statements about FreshCap and/or FreshCap products
Link to any third-party websites, other than the Social Channels, on the Influencer Page or otherwise redirect visitors of the Influencer Page to third-party websites
Resell or distribute any FreshCap products, including those received for free or as gifts, for commercial purposes, other than via the Influencer Page
Promote FreshCap products, the FreshCap brand, or the Program and/or the Influencer Page via any paid media channels
Promote FreshCap products, the FreshCap brand, the Program and/or the Influencer Page via any website, media, social media, or electronic presence or resource that may be considered pornographic, lewd, offensive, or discriminate
Engage in any fraudulent transactions, as reasonably determined by FreshCap, including without limitation making transactions from Influencer's IP addresses or computers under Influencer's control.
In consideration for the Services, FreshCap will pay to Independent Influencer a percentage of the Net Revenue (as defined below) collected by FreshCap in accordance with the Commission Appendix below (the “Commission(s)”). For purposes of this Agreement, “Net Revenue” means gross fees received by FreshCap from Qualifying Orders (as defined below), less amounts paid for using store credit or gift certificates, taxes, duties and transaction-based costs and expenses, including but not limited to payment process fees and shipping fees. For purposes of this Agreement, “Qualifying Orders” means purchases of FreshCap product(s) via the Influencer Page that are made by a method of payment accepted by FreshCap. The Commission is also only paid to Independent Influencer if the Qualifying Order is final -any returns will cause that specific Commission to be deducted out of the month payouts. The Commission will be calculated solely based on records maintained by FreshCap using its standard methodologies. FreshCap will pay Independent Influencer its Commission on the 28th day of each month. Commissions due
hereunder will be made by FreshCap to Independent Influencer through its payment processor (“Payment Processor”), which, as of the Effective Date, is PayPal Holdings, Inc. Independent Influencer is solely responsible for creating and maintaining a Payment Processor account, and communicating such account information to FreshCap for purposes of receiving the payments set forth herein. FreshCap is not responsible for making any payments based on any amounts which result from any fraudulent transactions, as reasonably determined by FreshCap, including without limitation any transactions originating from Influencer 's IP addresses or computers under Influencer's control.
Definition. “Confidential Information” means all trade secrets and confidential or proprietary information, whether or not in writing, concerning FreshCap's business technology, business relationships or financial affairs which FreshCap has not released to the general public. By way of illustration, Confidential Information includes, but is not limited to, information or material which has not been made generally available to the public, such as: (i) corporate information , including plans, strategies, method, policies, resolutions, negotiations or litigation;(ii) marketing information, including strategies methods, customer identities or other information about customers , prospect identities or other information about prospects, or market analyses or projections; (iii) financial information, including cost and performance data (iv) operational and technological information , including plans, specifications, manuals, forms, templates, software, designs, methods, procedures, formulas, discoveries, inventions improvements, concepts and ideas; and (v) personnel information, including personnel lists, reporting or organizational structure, resumes, personnel data. Confidential Information also includes information received in confidence by FreshCap from its customers or suppliers or other third parties.
Non-Disclosure and Non-Use Obligations. Independent Influencer will not, at any time, without FreshCap's prior written permission, either during or after the term of this Agreement, disclose any Confidential Information to anyone outside of FreshCap, or use or permit to be used any Confidential Information for any purpose other than the performance of the Services for or on behalf of FreshCap. Independent Influencer will cooperate with FreshCap and use best efforts to prevent the unauthorized disclosure or use of any and all Confidential Information. Independent Influencer will deliver to FreshCap all copies of Confidential Information in Independent Influencer's possession or control upon the earlier of a request by FreshCap or termination of this Agreement for any reason.
Information of Third Parties. Independent Influencer understands that FreshCap is now and may hereafter be subject to non-disclosure or confidentiality agreements with third persons which require FreshCap to protect or refrain from use of Confidential Information. Independent Influencer agrees to be bound by the terms of such agreements in the event Independent Influencer has access to such Confidential Information.
Intellectual Property Rights.
Independent Influencer hereby grants to FreshCap and its subsidiaries, affiliates, licensees, agents, representatives, successors and assigns:
Unrestricted, fully-paid, royalty free, exclusive, transferable and irrevocable rights, power and authority to use, reproduce, publish, print, distribute, transmit, copy or otherwise use any of the Content, worldwide and perpetually, in whole or in part, in any medium known now or later discovered, for the purpose of its advertisements, promotions, marketing activities, public relations, educational and other commercial or non-commercial purposes, subject only to the payment made to Independent Influencer in section 2 hereof.
Independent Influencer shall have the revocable, unlimited, perpetual and worldwide right to use the Content, for Independent Influencer’s promotional purposes, in any and all media now known or hereafter developed.
With respect to Content which portrays Independent Influencer’s face, body and voice (the “Restricted Materials”), FreshCap shall have the right to use the Restricted Materials upon prior approval from Independent Influencer.
Independent Influencer hereby grants to FreshCap and its affiliated companies, successors and assigns, the royalty-free, perpetual, unrestricted, transferable, irrevocable sublicensable,
non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any content or other materials, other than the Content, (i) submitted to FreshCap in connection with the Program or (ii) otherwise created by Independent Influencer in connection with the Services, (collectively, the “Other Developments”)
FreshCap Materials and Trademark.
Except for Independent Influencer's limited right to use the FreshCap Materials solely in connection with performing the Services, FreshCap retains all right title and interest in the FreshCap Materials, including all related intellectual property rights. FreshCap hereby grants to Independent Influencer, a limited, non-exclusive, non-transferable license to use and display FreshCap's name, website address, logo and trade names (the “Marks”), solely in connection with performing the Services.
Independent Influencer agrees that any use of the Marks:
Will comply with FreshCap's quality standards and trademark guidelines, which may be provided by FreshCap to Independent Influencer from time to time
Will solely inure to the benefit of FreshCap. The Marks are proprietary and nothing in this Agreement constitutes the grant of a general license for their use. Independent Influencer does not acquire any right, title or interest in the Marks or the goodwill associated therewith. Independent Influencer agrees not to (A) attack the Marks or assist anyone in attack in the Marks, and (B) make any application to register the Marks or use any confusingly similar trademark, service mark, trade name, iconography, or derivation thereof including, but not limited to, the registration of any domain name including any of the Marks, during the term of this Agreement and thereafter.
Federal Trade Commission Requirements.
Independent Influencer acknowledges and agrees that the provisions of the Federal Trade Commission's Guides Concerning Use of Endorsements and Testimonials in Advertising (the “Guides”) apply to Independent Influencer's provision of the Services hereunder. Independent Influencer represents and warrants that he or she has read and understands the Guides and their requirements, and that the Content and Other Developments (including, without limitation, social media communications regarding FreshCap products, the FreshCap brand and/or the Program) will contain clear and prominent disclosures compliant with the Guides.
Independent Influencer Social Channels.
In connection with performing the Services, Independent Influencer may link certain of his or her Social Channels to the Influencer Page. If Independent Influence so elects, FreshCap may link to, and stream content from such Social Channels on its websites, social media channels and in other FreshCap advertising and promotional materials.
Representations and Warranties.
Independent Influencer represents and warrants that:
He or she is at least 18 year of age and legally allowed to live and work in his/her country of residence
The Services will be performed in a professional, lawful and workmanlike manner, in accordance with any terms and conditions set forth herein and in the FreshCap Materials;
The Content and Other Developments are Independent Influencer' s original work
Use of the Content and Other Developments by FreshCap will not infringe or involve the misappropriation of any third party rights
All clearances and licenses relating to the use of the Content or Other Developments have been obtained by Independent Influencer
Except as expressly set forth herein, no fee, compensation or any other payment whatsoever will be payable by FreshCap for any Content or Other Developments or any content or material incorporated therein to any third party;
He or she will comply with all applicable laws, rules and regulations, including the Guides
Independent Influencer shall indemnify and hold FreshCap, its affiliates and their respective directors, officers, agents and employees harmless from and against all claims, demands, losses, damages and judgments, including court costs and attorneys' fees, arising out of or based upon the Services and/or Independent Influencer's performance thereof including, but not limited to, (a) any claim that the Services provided hereunder or, any related intellectual property rights or the exercise of any rights in or to any Content, Other Development, Influencer IP or related intellectual property rights infringe on, constitute a misappropriation of the subject matter of, or otherwise violate any patent, copyright, trade secret, or trademark of any person or breaches any person' s contractual rights; and (b) any breach or alleged breach by Independent Influencer of any representation, warranty, certification, covenant, obligation or other agreement set forth in this Agreement.
This Agreement will commence on the Effective Date and continue until terminated as set forth herein. Either party may terminate this Agreement for convenience upon at least seven (7) days' prior written notice thereof to the other party. FreshCap may, in addition to any other rights it may
have at law or in equity, terminate this Agreement immediately and without prior notice if Independent Influencer refuses to or is unable to perform the Services or is in breach of any material provision of this Agreement. Upon any termination of this Agreement, all rights and duties of the parties toward each other shall cease, except that the following Sections shall survive: 2 (with respect to any Net Revenue accrued during the term of this Agreement but not yet paid); 3, 4(a), 4(b), 4(c) and 5 through 13 (inclusive).
Independent Contractor; No Agency.
Independent Influencer is not and shall not be deemed an employee, agent, joint venture or partner of FreshCap, and neither party shall have any right or authority to assume or create any obligation on behalf of or bind the other party in any manner whatsoever.
Limitation of Liability.
IN NO EVENT SHALL FRRESHCAP, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (EACH, A “FRESHCAP PARTY”) BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATED TO THIS AGREEMENT, THE FRESHCAP PRODUCTS AND/OR THE PROGRAM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH FRESHCAP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH STATES, THE LIABILITY OF THE FRESHCAP PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Governing Law, Jurisdiction and Venue.
The provisions of this Agreement will be construed and enforced in accordance with, and any dispute arising out of or in connection with this Agreement, including any action in tort, will be governed by, the laws of the Province of Alberta. Each party hereby irrevocably submits to the exclusive jurisdiction and venue of the courts within Alberta.
All notices or other communications, required or permitted to be given hereunder, shall be in writing and shall be delivered electronically, personally or mailed, certified mail, return receipt requested, postage prepaid, to the parties at their addresses as set forth above. Any notice given electronically shall be deemed received on the business day following transmission. Any notice mailed in accordance with the terms hereof shall be deemed received on the third day following the day of mailing. Either party may change the address to which such notices to such party may be given hereunder by serving proper notice of such change of address to the other party.
Independent Influencer and FreshCap agree that it would be impossible or inadequate to measure and calculate FreshCap's damages from any breach by Independent Influencer of this Agreement. Accordingly, Independent Influencer and FreshCap agree that if Independent Influencer breaches this Agreement; FreshCap will have available, in addition to any other right or remedy available and notwithstanding anything to the contrary in Section 10 above, the right to obtain from any court of competent jurisdiction an injunction restraining such breach or threatened breach and specific performance of Sections 3, 4 and Section 8. Independent Influencer and FreshCap further agrees that no bond or other security shall be required in obtaining such equitable relief and Independent Influencer and FreshCap, hereby consent to the issuances of such injunction and to the ordering of such specific performance.
If any provision of this Agreement is found to be invalid by any court or arbitrator having competent jurisdiction, then the meaning of said provision shall be construed, to the extent feasible, so as to render the provision enforceable, and if no feasible interpretation would save such provision, it shall be severed from the remainder of this Agreement which shall remain in full force and effect. Failure of FreshCap to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement. No waiver shall be effective against FreshCap unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by FreshCap and Independent Influencer, this Agreement constitutes the entire agreement between Independent Influencer and FreshCap with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience, and shall not be given any legal import. Neither this Agreement nor any right hereunder or interest herein may be assigned or transferred by Independent Influencer without the express written consent of FreshCap. FreshCap may assign any or all of its rights and obligations under this Agreement without Independent Influencer's written consent to any affiliate or to another third party affiliate by way of merger, acquisition, consolidation, or sale or transfer of all or substantially all of FreshCap's assets or capital stock. Any attempted assignment, delegation or transfer to a third party in violation hereof shall be null and void. Subject to the foregoing, this Agreement shall be binding on the parties and their successors and assigns.
For Qualifying Orders in a calendar month, FreshCap will pay to Independent Influencer commission payments in accordance with the following table, with the exception that FreshCap could have promos that could go to higher percentages as incentive, all details of such promos to be at FreshCap's sole discretion and communicated to Independent Influencer in due time:
10% of Net Revenue (Starter)
15% of Net Revenue (Standard)
20% of Net Revenue (Top Tier)
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing: With your permission, we may send you emails about our store, new products and other updates.
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at [email protected] or mailing us at: FreshCap Mushrooms Ltd. PO Box 3444, Sherwood Park, AB, T8H 2T3, Canada
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Here is a list of cookies that we use. We’ve listed them here so you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.