TikTok Shop Disclosure Obligations
Disclosure Obligations Rider
Creator represents, warrants, and agrees to comply with the following guidelines set forth in this Disclosure Obligations Rider for all Creator Content created on behalf of Fungi Perfecti or its brands, Products, or services as part of the Program:
Disclosure Requirements
Creator must make their material connections to any of the Fungi Perfecti Parties (and/or their brands, products, services, and/or representatives, as applicable) known to viewers of their Creator Content in a manner that is consistent with these Fungi Perfecti Terms, the requirements set forth in this Disclosure Obligations Rider, and all applicable law and industry guides and guidance, including, without limitation, the Endorsement Guides.
Disclosures Must Be Made “Clearly and Conspicuously”
Clearly. Disclosures (1) must be easy to understand by an ordinary viewer of the Creator Content (including members of any target audience), (2) must accurately describe Creator’s material connections to Fungi Perfecti or the applicable Fungi Perfecti brand, and (3) must not be contradicted by, obscured by, or inconsistent with anything else in the Creator Content.
For disclosure of a material connection, Creator may use the following:
• “#Ad For Host Defense® Mushrooms™ Brand”
• “Sponsored by Host Defense® Mushrooms™ Brand”
• “Paid ad for Host Defense® Mushrooms™ Brand”
• “#Host Defense®Mushrooms™Brand_Partner”
• “#Host Defense®Mushrooms™BrandPartner”
• Natural language that makes the material connection clear and easy to understand (for example: “This is a paid post for Host Defense® Mushrooms™ Brand”)
If Creator’s post clearly and conspicuously includes one of the disclosures above, that disclosure is visible in the truncated caption, without requiring viewers to expand, click, or otherwise open the full caption, and viewers can see that disclosure and Creator’s affiliate link at the same time, no additional disclosures are required.
If the disclosure and the affiliate link are not viewable at the same time, Creator must include one of the following disclosures when posting Creator’s affiliate link:
• “This is an affiliate link and I receive a commission from Fungi Perfecti LLC, the maker of Host Defense® Mushrooms™, for purchases made through links in this post”
• “I am a Fungi Perfecti LLC, the maker of Host Defense® Mushrooms™, affiliate, which means I get a commission when purchases are made through links in this post”
• “Paid link” right next to Creator’s affiliate link
The following material connection disclosures DO NOT work alone and thus MAY NOT BE USED AS STANDALONE DISCLOSURES:
• #ad without making it clear who the ad is for
• Abbreviations that would not be understood by consumers (e.g., #spon, #pd, #sp, #collab, etc.)
• Only using #partner, #ambassador, #consultant, #adviser, #affiliate, or similar terms.
• Only using #endorsement
• Only using the platform’s branded content tool without further disclosure that is clear and conspicuous
• Only tagging or @mentioning the brand
• Only using a campaign hashtag
• For affiliate links specifically: “Commissionable link,” “Buy now,” or “Affiliate link”
Conspicuously. Disclosures should be “unavoidable.” That means: (1) disclosures must be well-placed so they can be easily noticed (i.e., located close to any endorsements, claims or affiliate links), and (2) prominent so they can be easily read, understood, and where applicable, heard. Disclosures must be made regardless of space limitations and appear in each applicable post or piece of Creator Content.
If an endorsement is made through visual means, the disclosure should be made at least visually. If the endorsement is made audibly, the disclosure should be made at least audibly. If the endorsement is made through both visual and audible means, the disclosure should be made both visually and audibly. For clarity, depending on the creative and the post format, multiple types of disclosures may be required or advisable.
Some factors to consider when assessing the conspicuousness of a visual disclosure include: that it is easy to notice, read, and comprehend in the time that viewers have to view it; the font, color, and size of the disclosure; how well it contrasts against the frame, its placement within the content; how long it remains on screen, and whether it might make sense to have a solid background behind the disclosure.
Placement of Disclosures
Disclosures must appear in the first line of any caption and must be visible in the truncated caption, without requiring viewers to click “More,” expand the caption, or otherwise take any action to see the disclosure. Disclosures should also be superimposed over the images or video itself in a clear and conspicuous manner. It is NOT sufficient to make a disclosure only on an end card. For multiple-frame posts, the disclosure should be superimposed on each frame in which an endorsement is made. For a live stream, repeat disclosures throughout the stream as needed to ensure that viewers see and hear them if they join at different times. Disclosures should not be buried (e.g., disclosures should not be only in a bio or below the fold or otherwise requiring consumers to scroll down, under a hyperlink like a “More,” “Legal,” or “Disclosure” button, in any portion of the caption that is not visible in the truncated caption, or in the middle or at the end of a series of hashtags, other disclosures, or general copy).