TikTok Shop Affiliate Terms and Conditions
Fungi Perfecti TikTok Shop Affiliate Terms and Conditions
Effective as of 06/01/2026
By clicking the “Add Products” button or otherwise participating in Fungi Perfecti, LLC’s (“Fungi Perfecti” or “FP”) TikTok shop Affiliate Program (the “Program”), you (“Creator”) agree to these Fungi Perfecti TikTok Shop Affiliate Terms and Conditions (the “Fungi Perfecti Terms”) governing Creator’s participation in the Fungi Perfecti Affiliate Program on TikTok and TikTok Shop in the United States. Fungi Perfecti reserves the right to update these Fungi Perfecti Terms at any time. FP is the maker of Host Defense® Mushrooms™.
These Fungi Perfecti Terms are separate from, and in addition to, TikTok Shop’s Creator Terms of Use (the “TT Shop Creator ToS”), TikTok’s Terms of Service, and all other applicable TikTok terms or policies governing Creator’s use of the TikTok Platform, in each case as amended from time to time (collectively, the “TikTok Terms”). The TikTok Terms govern Creator’s relationship with TikTok, while these Fungi Perfecti Terms, together with Fungi Perfecti’s Disclosure Obligations Rider, Advertising Requirements, Terms of Service and Privacy Policy, each of which is incorporated herein and made a part of these Fungi Perfecti Terms by reference (collectively, the “Fungi Perfecti Policies”), govern only Creator’s relationship with Fungi Perfecti in connection with the Program. As used herein, “Fungi Perfecti Parties” means Fungi Perfecti, LLC, the maker of Host Defense® Mushrooms™, and its affiliates, licensees, agents, employees, officers, directors, principals, successors, and assigns (each a “Fungi Perfecti Party”); “Creator Content” means all content created, drafted, provided, published, or placed by Creator as part of the Program; and “Products” means the Fungi Perfecti products (branded as Host Defense® Mushrooms™) available for promotion through the Program. If any conflict arises between these Fungi Perfecti Terms and the TikTok Terms, these Fungi Perfecti Terms will control with respect to Creator’s relationship with Fungi Perfecti and the Program. If there is any conflict between these Fungi Perfecti Terms and the Fungi Perfecti Policies, these Fungi Perfecti Policies will control with respect to the services contemplated hereunder.
CREATOR HEREBY REPRESENTS AND WARRANTS THAT CREATOR IS LAWFULLY ABLE TO ENTER INTO CONTRACTS, CREATOR IS NOT A MINOR, AND THAT CREATOR IS AND WILL REMAIN IN COMPLIANCE WITH THESE FUNGI PERFECTI TERMS. IN ADDITION, IF THESE FUNGI PERFECTI TERMS ARE BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THESE FUNGI PERFECTI TERMS ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT THEY ARE AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THESE FUNGI PERFECTI TERMS.
These Fungi Perfecti Terms include a provision waiving the right to pursue any class, group, or representative claim and requiring Creator and FP to pursue certain disputes through individual arbitration.
Eligibility
Fungi Perfecti may review Creator’s social media content, public profile, and other publicly available information at any time to determine whether Creator’s online presence aligns with Fungi Perfecti’s values, brand standards, and guidelines, as set forth in the Values Charter Section below. By participating in the Program, Creator agrees that Creator is, and will remain, in compliance with the Fungi Perfecti Policies as a condition of eligibility in order to receive commission income, and Creator must promptly provide Fungi Perfecti with any information and reasonable assistance that Fungi Perfecti requests to verify Creator’s compliance with the Fungi Perfecti Policies.
Values Charter
At Fungi Perfecti, we are committed to respecting all people and supporting natural immunity and whole-body wellness. Fungi Perfecti seeks to work with partners who share Fungi Perfecti’s values and ethical principles, integrity, respect, and transparency. Fungi Perfecti reserves the right to review all content that is publicly available to ensure alignment with Fungi Perfecti’s values and may remove any Creators from the Program without notice if Fungi Perfecti’s values do not align.*
Compensation
While Fungi Perfecti determines the amount of any commissions or other payments Creator receives in exchange for providing Creator services to Fungi Perfecti as part of the Program (“Services”), all payments to Creator are facilitated by TikTok and will be paid in accordance with the TikTok Terms, and Fungi Perfecti shall have no liability for any such payments or for any errors or disputes related thereto. Creator further acknowledges and agrees that Fungi Perfecti shall not be liable for any broker’s or agent’s fees or commissions, taxes, duties, or other amounts payable by Creator to any third party in connection with these Fungi Perfecti Terms. In instances where payment to Creator includes free or discounted product(s), such product(s) shall be for Creator’s personal use only and may not be sold or transferred, assigned, or provided to any third party.
Representations and Warranties
In addition to all of the representations and warranties included in the TT Shop Creator ToS, which are incorporated herein by reference, by participating in the Program, Creator further represents and warrants that:
1. Creator has the right to enter into these Fungi Perfecti Terms, Creator is not a minor, and Creator has the right to perform its obligations under these Fungi Perfecti Terms. Creator further represents and warrants that Creator has no conflicting contractual or other commitment or obligation that would interfere with Creator’s ability to perform the Services or grant the rights provided herein or in the TT Shop Creator ToS, or that would interfere with Fungi Perfecti’s full use and enjoyment of the rights granted and Services to be provided;
2. Creator is legally permitted to perform the Services;
3. Creator shall perform the Services in a professional manner in accordance with the highest industry standards and in accordance with applicable law and the Fungi Perfecti Policies;
4. Creator shall stay on message with any key approved messages provided by Fungi Perfecti, including adherence to designated product-specific talking points, as may be provided by Fungi Perfecti from time to time, when creating content about Fungi Perfecti products;
5. Any statements made by Creator will reflect Creator’s honest opinions, beliefs, or experiences (including, without limitation, about Fungi Perfecti and its products or services);
6. Creator must correct any statement that later becomes inaccurate;
7. Creator may not make deceptive or misleading claims in any Creator Content or claims that are not substantiated (i.e., adequate proof must exist to back up the claim), and any claims about Fungi Perfecti or its products or services must have been provided by Fungi Perfecti;
8. Creator shall not disseminate any Creator Content that is protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless Creator owns or controls all rights in the content and all elements of the content or has received all necessary consents and permissions. For example, Creator may not use photos or videos without written permission from the copyright owner and any individual depicted therein, and Creator may not use music or sounds that are not cleared for commercial use;
9. Creator shall not mention or comment on any third party in any Creator Content, including, without limitation, any Fungi Perfecti competitors or their products or services;
10. Creator Content may not include advertising or other promotional material for Creator or any third parties unrelated to Fungi Perfecti (including, without limitation, promotions for money-making schemes, discount cards, credit counseling, online surveys, or online contests or sweepstakes);
11. Creator shall comply with the Disclosure Obligations Rider attached hereto, and incorporated herein by this reference;
12. If Fungi Perfecti supplies any content or elements (collectively, “Fungi Perfecti-Supplied Elements”) to Creator for incorporation in the Creator Content, Creator will use the Fungi Perfecti-Supplied Elements only in accordance with Fungi Perfecti’s instructions; and
13. Creator shall comply with the Advertising Requirements set forth below.
14. Upon Fungi Perfecti’s request, Creator will promptly edit, remove, or delete any Creator Content no later than 24 hours after receiving such request.
Ownership, Rights, and Content Usage
Ownership of Creator Content
As between Creator and Fungi Perfecti, Creator retains ownership of all original Creator Content, subject to the rights granted to Fungi Perfecti under these Fungi Perfecti Terms, and provided that Creator shall have no rights in any materials that Fungi Perfecti provides that are incorporated into such Creator Content (“Fungi Perfecti IP”). Creator may use Fungi Perfecti IP solely in connection with the Program and these Fungi Perfecti Terms, and all rights in Fungi Perfecti IP not expressly granted herein are reserved by Fungi Perfecti. All goodwill arising from Creator’s use of the Fungi Perfecti IP or from Creator Content that features or references Fungi Perfecti, its brands, or the Products shall inure exclusively to the benefit of Fungi Perfecti.
Restrictions on Creator Content
Creator may not assign, license, or otherwise transfer any rights to Creator Content without Fungi Perfecti’s prior written approval. Creator shall not grant any rights to Creator Content in connection with any products or services that compete with the Products or Fungi Perfecti’s other products or services. Creator will remove from publication any Creator Content promptly (and in no event later than twenty-four (24) hours) upon Fungi Perfecti’s written request.
Fungi Perfecti’s Rights to Use Creator Content and Persona
Creator agrees that Fungi Perfecti, its affiliates, licensees, agents, successors, and assigns shall have a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable right and license, but not the obligation, to (a) like, comment on, and otherwise interact with all posted Creator Content that references or features Fungi Perfecti or the Products; (b) share, repost, publish, reproduce, distribute, promote, and otherwise display Creator Content, in whole or in part, on any websites, webpages, email communications, social media channels, or other digital channels owned or controlled by Fungi Perfecti or its affiliates; and (c) tag Creator in any Creator Content reposted by Fungi Perfecti. In connection with the foregoing, Fungi Perfecti, its affiliates, licensees, agents, successors, and assigns shall have the right to use Creator’s name, picture, image, likeness, social-media handle(s), social media avatars, voice, profile, and biographical information (collectively, “Persona”) in connection with the sharing, reposting, promotion, or display of such Creator Content and any other use of such Creator Content expressly permitted under these Fungi Perfecti Terms. The rights granted in this Section may be exercised without further notice to, consent from, or compensation to Creator, except as otherwise expressly provided in these Fungi Perfecti Terms.
Authorization for Advertising Use
Notwithstanding the foregoing, Fungi Perfecti may incorporate Creator Content into paid advertisements only if Creator provides explicit authorization via TikTok’s platform tools (including mass-authorization or ad code). For the avoidance of doubt, no separate consent shall be required for Fungi Perfecti or its affiliates to use Creator Content or Persona on any websites, webpages, email communications, social media channels, or other digital or online channels owned or controlled by Fungi Perfecti or its affiliates, to the extent such use is expressly permitted under these Fungi Perfecti Terms. Any paid advertising use of Creator Content outside the rights expressly granted under these Fungi Perfecti Terms shall require Creator’s separate prior written consent.
Non-Union
Creator’s Services will be performed on a non-union basis, and the Creator Content will not be produced pursuant to any collective bargaining agreement with SAG-AFTRA or any other union. However, if Fungi Perfecti elects to incorporate any Creator Content into commercials produced pursuant to the SAG-AFTRA Commercials Contract (the “SAG Commercials Contract”), Creator agrees: (a) Creator will not be entitled to any additional compensation (pursuant to the SAG Commercials Contract or otherwise) with respect to such commercials, or any use thereof, if a coverage waiver applies; or (b) if a coverage waiver does not apply with respect to any such commercials, then: (i) Creator agrees to accept the minimum scale payments payable pursuant to the SAG Commercials Contract, (ii) Creator agrees that Fungi Perfecti shall be entitled to the maximum rights and benefits available under the SAG Commercials Contract, and (iii) upon Fungi Perfecti’s request, Creator will execute any customary SAG-AFTRA performer agreement or affidavit.
Data Privacy and Security
Creator must handle consumer data in compliance with applicable data protection laws and the Fungi Perfecti Policies. Creator is required to ensure the confidentiality and security of any consumer data Creator handles in connection with the Program.
Training and Support
Fungi Perfecti will provide training and resources to help Creator understand the Products and comply with advertising guidelines. This includes access to product information, marketing materials, and compliance training.
Confidentiality
Creator will not use any trade secrets or confidential information of any Fungi Perfecti Party other than as expressly permitted in writing by the applicable Fungi Perfecti Party and solely as necessary to perform the Services under these Fungi Perfecti Terms, or disclose (including, without limitation, via social media) any trade secrets or confidential information of any Fungi Perfecti Party to any third parties, or publish, disseminate, or otherwise make such information available, without the applicable Fungi Perfecti Party’s prior written consent. Creator shall protect all such trade secrets and confidential information using at least commercially reasonable measures and shall promptly notify Fungi Perfecti of any unauthorized use or disclosure of which Creator becomes aware.
Violation of Terms
If Creator violates these Fungi Perfecti Terms, in addition to any other rights or remedies available to Fungi Perfecti, Fungi Perfecti reserves the right to direct TikTok to suspend or permanently cease payment of, to the fullest extent permitted by applicable law, and Creator acknowledges and agrees that Creator will not be entitled to receive, any commission income attributable to this Program otherwise payable to Creator under these Fungi Perfecti Terms and the TT Shop Creator ToS, whether or not directly related to such violation, without notice and without prejudice to any right of Fungi Perfecti to recover damages in excess of this amount, or to pursue any other available remedy.
Suspension and Termination
Fungi Perfecti may suspend or terminate Creator’s participation in the Program at any time, with or without cause, for any reason, including: (a) Creator is in material breach of these Fungi Perfecti Terms; (b) Fungi Perfecti believes that Fungi Perfecti may face potential claims, liability or regulatory risk in connection with Creator’s participation in the Program; (c) Fungi Perfecti believes that Fungi Perfecti’s brand or reputation may be harmed by, or in connection with, Creator’s participation in the Program; (d) Creator’s participation in the Program has been used for deceptive, fraudulent, illegal activity, or other misleading conduct; (e) Creator’s conduct may risk reputational harm to the Fungi Perfecti Parties, violate applicable law, or constitute a breach of the Fungi Perfecti Policies; or (f) Fungi Perfecti has terminated the Program in whole or in part. Any such suspension or termination may be effective immediately and without prior notice.
Disclaimers and Limitations on Liability
NO FUNGI PERFECTI PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, REGARDING THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM LAW, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. FUNGI PERFECTI MAKES NO REPRESENTATION, WARRANTY, OR PROMISE REGARDING THE AMOUNT OF INCOME CREATOR MAY EARN THROUGH THE PROGRAM.
IN NO EVENT WILL THE FUNGI PERFECTI PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, STRICT LIABILITY, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF THE FUNGI PERFECTI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE FUNGI PERFECTI PARTIES SHALL NOT BE LIABLE FOR (A) LOSS OF ANTICIPATED COMMISSIONS, PROFITS, SALES, GOODWILL, OR OTHER EXPECTED BENEFITS; (B) ANY INVESTMENTS, EXPENSES, OR COMMITMENTS MADE BY CREATOR IN CONNECTION WITH THE PROGRAM; (C) THE SUSPENSION OR TERMINATION OF CREATOR’S PARTICIPATION IN THE PROGRAM; OR (D) ANY EXPLOITATION OF CREATOR CONTENT AND/OR PERSONA BY USERS OF SOCIAL MEDIA PLATFORMS, INCLUDING ANY COPYING, REPOSTING, MODIFICATION, OR OTHER UNAUTHORIZED USE, AND CREATOR WAIVES ANY CLAIM AGAINST THE FUNGI PERFECTI PARTIES ARISING IN CONNECTION THEREWITH.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FUNGI PERFECTI PARTIES’ AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSION INCOME PAID OR PAYABLE TO CREATOR UNDER THESE FUNGI PERFECTI TERMS IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. CREATOR HEREBY WAIVES ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE, INJUNCTIVE, OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THESE FUNGI PERFECTI TERMS.
CREATOR ACKNOWLEDGES AND AGREES THAT THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE ESSENTIAL TERMS AND THAT FUNGI PERFECTI WOULD NOT BE WILLING TO GRANT CREATOR THE RIGHTS SET FORTH IN THESE FUNGI PERFECTI TERMS BUT FOR CREATOR’S AGREEMENT THERETO. THE FOREGOING WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW IN THE JURISDICTION OF CREATOR’S PLACE OF RESIDENCE.
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNGI PERFECTI WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF CREATOR’S TIKTOK CHANNEL(S) (INCLUDING CREATOR’S USE OF ANY TIKTOK SERVICE OFFERING) OR CREATOR’S VIOLATION OF THESE FUNGI PERFECTI TERMS, AND CREATOR AGREES TO DEFEND, INDEMNIFY, AND HOLD FUNGI PERFECTI AND FUNGI PERFECTI’S RESPECTIVE AFFILIATES AND LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (A) CREATOR’S TIKTOK CHANNEL(S) OR ANY MATERIALS OR OTHER CONTENT THAT APPEAR ON CREATOR’S TIKTOK CHANNEL(S), INCLUDING THE COMBINATION OF CREATOR’S TIKTOK CHANNEL(S) OR THOSE MATERIALS WITH OTHER APPLICATIONS, CONTENT, OR PROCESSES; (B) THE USE, DEVELOPMENT, DESIGN, MANUFACTURE, PRODUCTION, ADVERTISING, PROMOTION, OR MARKETING OF CREATOR’S TIKTOK CHANNELS OR ANY MATERIALS THAT APPEAR ON OR WITHIN CREATOR’S TIKTOK CHANNELS; (C) CREATOR’S USE OF ANY TIKTOK SERVICE OFFERING OR CREATOR’S PARTICIPATION IN THE PROGRAM, WHETHER OR NOT SUCH USE IS PERMITTED UNDER, OR IN VIOLATION OF, THESE FUNGI PERFECTI TERMS OR APPLICABLE LAW; (D) CREATOR’S VIOLATION OF ANY TERM OR CONDITION OF THESE FUNGI PERFECTI TERMS; (E) CREATOR’S TAXES AND DUTIES OR THE COLLECTION, PAYMENT, OR FAILURE TO COLLECT OR PAY CREATOR’S TAXES OR DUTIES, OR THE FAILURE TO MEET TAX REGISTRATION OBLIGATIONS OR DUTIES; (F) CREATOR’S OR CREATOR’S EMPLOYEES’ OR CONTRACTORS’ NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT; (G) ANY CONTENT DRAFTED, CREATED, PROVIDED, PUBLISHED, OR PLACED BY CREATOR AS PART OF THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY CREATOR CONTENT, INCLUDING ANY CLAIM ALLEGING INFRINGEMENT, MISAPPROPRIATION, DEFAMATION, VIOLATION OF PRIVACY OR PUBLICITY RIGHTS, OR FALSE OR MISLEADING ADVERTISING ARISING FROM SUCH CONTENT; AND (H) CREATOR’S USE OF FUNGI PERFECTI-SUPPLIED ELEMENTS INCONSISTENT WITH OR OUTSIDE THE SCOPE OF FUNGI PERFECTI’S WRITTEN INSTRUCTIONS.
THE FOREGOING INDEMNIFICATION OBLIGATIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE FUNGI PERFECTI TERMS OR THE PROGRAM.
Independent Contractors
Creator and Fungi Perfecti are independent contractors, and nothing in these Fungi Perfecti Terms will constitute or be construed to create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Creator and any of the Fungi Perfecti Parties, nor shall Creator represent to any third party that any of the foregoing relationships exist. Creator will have no authority to make or accept any offers or representations on behalf of the Fungi Perfecti Parties, or otherwise to bind the Fungi Perfecti Parties. If Creator authorizes, assists, encourages, or facilitates another person or entity to take any action related to the subject matter of these Fungi Perfecti Terms, Creator will be deemed to have taken such action.
Dispute Resolution
These Fungi Perfecti Terms are governed by and construed and enforced in accordance with the internal laws of the State of Washington, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. Creator and Fungi Perfecti agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Fungi Perfecti Terms.
Any dispute between Creator and the Fungi Perfecti Parties arising from or relating to these Fungi Perfecti Terms, including their interpretation, breach, termination, or validity, as well as disputes about the validity, scope, or enforceability of this agreement to arbitrate (collectively, “Covered Disputes”), will be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in the U.S. State of Washington in accordance with its Commercial Arbitration Rules. For purposes of this Section, these Fungi Perfecti Terms and related transactions will be subject to and governed by the Federal Arbitration Act. CREATOR AND FUNGI PERFECTI WAIVE ANY RIGHT TO BRING CLAIMS BEFORE ANY COURT OF LAW, AND EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS.
Prior to initiating any arbitration, the initiating party will give the other party at least sixty (60) days’ advance written notice of its intent to file for arbitration. Fungi Perfecti will provide such notice by mail or e-mail using the contact information on file with Fungi Perfecti, and Creator must provide such notice by mail to Fungi Perfecti, P.O. Box 7634, Olympia, WA 98507, with a copy to: legal@fungi.com.
A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules, mutually agreed upon by the parties and chosen within twenty (20) days after the commencement of arbitration. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, and any award will be final and binding and may be entered as a judgment in any court of competent jurisdiction; provided, however, the arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Fungi Perfecti Terms, and failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If Creator demonstrates that the costs of arbitration will be cost-prohibitive as compared to litigation, Fungi Perfecti will pay as much of such fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) Creator asserts are frivolous, Creator agrees to reimburse Fungi Perfecti for all fees Fungi Perfecti paid on Creator’s behalf that Creator would otherwise owe under the AAA’s rules.
Nothing in these Fungi Perfecti Terms prevents either party from seeking provisional or preliminary relief (including injunctions, attachments, or other orders in aid of arbitration) from the state or federal courts located in the State of Washington, and both parties submit to the jurisdiction and venue of such courts for that purpose. In any such action, the prevailing party is entitled to recover reasonable attorneys’ fees, expenses, and court costs. Any such application will not be deemed incompatible with or a waiver of the agreement to arbitrate.
Regardless of any statute or law to the contrary, any claim arising out of or relating to these Fungi Perfecti Terms must be brought within one (1) year after such claim arose or be forever barred. By agreeing to these Fungi Perfecti Terms, Creator explicitly agrees that any claims or actions under the laws of any jurisdiction outside the United States are hereby waived, and that any Covered Dispute will be brought and resolved in the United States in accordance with this Section.
The arbitration proceeding, contents, and results shall remain confidential, except as required by law, regulation, or court order, provided that the other party is promptly notified in writing before any disclosure and afforded an opportunity to seek a protective order.
If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative, or private attorney general arbitration).
Modifications
Fungi Perfecti reserves the right to modify any of the terms and conditions contained in these Fungi Perfecti Terms at any time and in Fungi Perfecti’s sole discretion by posting a change notice or revised Fungi Perfecti Terms. The effective date of such change will be the date the notice is provided. CREATOR’S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH CHANGE WILL CONSTITUTE CREATOR’S ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO CREATOR, CREATOR’S ONLY RECOURSE IS TO TERMINATE CREATOR’S PARTICIPATION IN THE PROGRAM. The amended Fungi Perfecti Terms supersede all previous versions of the Fungi Perfecti Terms.
Miscellaneous
The parties agree that execution, acceptance, or agreement to these Fungi Perfecti Terms may be evidenced by any method of electronic acceptance or by continuing to participate in the Program after being presented with the applicable terms. Any such action shall constitute a valid and binding agreement to the Fungi Perfecti Terms herein, enforceable as if executed by hand. Should any portion of these Fungi Perfecti Terms be rendered void or unenforceable by any court of competent jurisdiction, the remaining provisions shall nevertheless be binding upon the parties.
Contact Information
For any questions or concerns regarding these Fungi Perfecti Terms or Creator’s participation in the Program, please contact Fungi Perfecti at: legal@fungi.com.
These statements have not been evaluated by the Food and Drug Administration. Fungi Perfecti’s products are not intended to diagnose, treat, cure or prevent any disease.