Grow.bio Shopify Collab Advocate Program Terms + Conditions

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Thanks for joining Grow.bio’s Collab program! We are excited to have you participate in this program, the terms of which are described below.

By joining Grow.bio Shopify Collab Program (“Program”), you indicate your acceptance of this Agreement and its terms and conditions. These terms are a legal and binding agreement between you and Ecovative LLC, and, as applicable, its subsidiaries, affiliates, and related entities (collectively, “Ecovative”).

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Ecovative. Grow.bio is the education and community division under Ecovative. It is not a separate entity. Therefore, this is an agreement with Ecovative.

When we say “Products”, we mean any product created or sold by us.

When we say “Services”, we mean the actions an advocate takes in their portion of our collaboration which may include, but is not limited to, posting on social media, hosting workshops, and representing Grow.bio at events. 

The following terms and conditions apply to individuals who are accessing or using the Program as a collaborator (“you” or “Advocate”) who refers customers to use Ecovative products or services.

By participating in the Program, the Advocate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Advocate or participate in the Program in any manner.

These terms may be updated at any time in the future. We will update you via email or by publishing updated terms on our website. 

Please read this document in its entirety before accepting to become an advocate. 

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PROGRAM DETAILS

Once accepted to the program, Advocates will receive a custom collaborator code to share and an optional one (1) bag of GIY dehydrated material in exchange for promotional support.

• Advocates must confirm if they’d like to receive a free bag of GIY dehydrated material to create video content with. 
• Advocates must post at least once every two weeks on a social media channel of their choice. Please remember to use the mandatory tag #giymaterials and handle @grow.bio.
• Video and reels perform best and are preferred.
• Advocates must send original videos and photos to Grow.bio via email at giy@ecovative.com upon posting, without captions if possible.
• Advocates must obtain Ecovative’s approval prior to attending an event as an Advocate or teaching a workshop.

Grow.bio maintains the right to use and share all content developed by the Advocate as promotional material.

Mandatory tags, hashtags, handles: @grow.bio #giymaterials

Brand background:

Grow.bio launched in 2014 as the educational and community division within Ecovative. Our GIY materials allow students, artists, designers, (anyone!) to grow a bio-based material at-home or in the classroom. Simply add water and watch the material grow in 7 days. The magic is in the mycelium, the roots of mushrooms, which bind the wood chips together as it grows throughout. The GIY material will last indefinitely indoors or compost in 45 days when incorporated into the soil, where it is a nutrient not a pollutant.

Product info and best practices:

• Follow the instructions for your product exactly as stated when growing our GIY materials.
• Reach out to giy@ecovative.com if you have any questions.

Messaging suggestions:

• Creativity meets sustainability with GIY materials!
• Grow.bio offers a biobased material to grow your own projects at home
• The GIY Kit has all you need for first-time growers
• Embrace the power of nature with mycelium 
• Design with mycelium at-home
• GIY materials are a nutrient not a pollutant at their end-of-life
• Teach about the wonders of mycelium with GIY materials
  
  

Content suggestions:

• Unboxing reactions 
• First time growing, daily check-ins on the progress.
• Gifting the GIY materials to someone after you’ve grown them yourself and explaining what mycelium is, what you grew.
• Explain your design, its application, your background, and why you are choosing GIY materials as a sustainable choice.
• Share how you are using GIY materials in your classroom and how the students react to the project-based learning, and what they grew!
• Have someone film you teaching a workshop and the workshop attendees adding the material into the forms to grow.

Expiration: Posts must remain in-feed on Advocate’s social profile for a minimum 6 months from posting date. 

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ELIGIBILITY

To become an Advocate for us, you must:

• Be 18 years of age or older.
• Have read, understood, and agreed to these terms.
• Own social media accounts
• Have used or will use our products before promoting
• Have an understanding of Grow.bio, company background, mushrooms, and our mycelium materials.

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APPROVAL OR REJECTION OF APPLICATION

We reserve the right to approve or reject ANY Collab Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Collab Program Application.

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ENGAGEMENT

As our Advocate, you agree to:

• Create, post, and share content that promotes our products
• Promote your unique promo code of advocate / collaborator link to increase sales
• Host/Teach approved workshops with our products
• Optionally collaborate with other advocates
• Optionally attend events at our request
  
  

Advocate acknowledges that they have read and understand the U.S. Federal Trade Commission’s “Disclosures 101 for Social Media Influencers” (https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf) and agrees to comply those guidelines when participating in the Program. 

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RESTRICTIONS

As an Advocate you agree not to:

• Make any guarantees, representations, or warranties on our behalf, other than the ones provided in materials prepared by Ecovative / Grow.bio and made available to you on our website or via email.
• Spam or promote us in a way that violates any laws or regulations.
• Promote us in any violent, political, discriminatory, unlawful, threatening, illegal, or otherwise objectionable content - Ecovative has the sole discretion in determining if any content violates this restrictions.
• Use the company’s brand, image, or likeness on your own website.
• Engage in any fraudulent activity, including any activity that could artificially affect any social media metrics (e.g., likes, follows, shares, and views).
• Create multiple advocate accounts or use more than one promo code.
• Order products with your own promo code
• Promote or advertise competing products
• Teach in a classroom and provide your own promo code to students to order GIY material and receive commission 
• Students should use the educational discount code received through the discount request form
• Teach workshops as Grow.bio without prior written approval of the event from Ecovative / Grow.bio
• When teaching a workshop, order the GIY material with the teacher discount code, then the Advocate can provide their custom collaborator code to the workshop attendees to order with after the workshop.
• Misrepresent or modify the price of our services

We reserve the right to require removal or modification of any Advocate content in our sole discretion.

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DISCLOSURE

The Advocate agrees to disclose the material connection between themselves and Ecovative / Grow.bio.

The Advocate may used text such as “#sponsored” or “#ad” to disclose this relationship.

The disclosure should be clear and follow all guidelines by the Federal Trade Commission (see https://www.ftc.gov/system/files/documents/plain-language/1001a-influencer-guide-508_1.pdf for guidance).

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COMPENSATION

You will be paid 10% of every sale to Grow.bio customers located in the United States that are generated through your promo code unless other arrangements have been agreed to by Ecovative. This percentage is subject to change by us at any time. 

Grow.bio is not currently selling or shipping products to customers outside of the United States, Mexico, and Canada, and will not pay compensation on any such sales that may be arranged by the Advocate. All sales will be fulfilled directly by Ecovative / Grow.bio, and Ecovative reserves the right in its sole discretion to accept or reject sales to any customer for any reason. You will not be entitled to compensation on sales that are rejected by Ecovative.

You will not be entitled to compensation on products that are returned to Ecovative for any reason. In the event you have been paid a commission on a product that was later returned to Ecovative, Ecovative shall be entitled to offset such commission against future commissions that are earned by you.

The Advocate is solely responsible for any and all tax obligations associated with the payments to you in connection with the Collab Program.

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COMMISSIONS

Commissions will generally be paid to you within 60 days of the date of the sale you facilitated with your promo code. Commissions will be paid once a month. For an Advocate to receive a commission, the referred account must remain active for a minimum of 67 days (considering 60 days return period). You cannot refer yourself, and you will not receive a commission on your own accounts. There is also a limit of one commission per referral. If someone clicks the link on your site and orders multiple accounts, then you will receive a commission on the first order only. Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid out regardless of whether the refunds are partial or full refunds. Ecovative reserves the right to cancel commissions for transactions violating the requested Terms and Conditions mentioned on this page.

If an exclusive contract is made between Ecovative and the Advocate, only commission rates on the exclusive agreement are valid.

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INTELLECTUAL PROPERTY RIGHTS

Advocate content:

The Advocate grants us a worldwide, royalty-free, irrevocable, sub-licensable, non-exclusive license to use the content the Advocate creates to promote our services, in any manner, in whole or in part, in perpetuity. This includes, but is not limited to, social media, advertising, publications, marketing material, or any other form of media.

Ecovative Logo:

We grant the Advocate a non-exclusive, non-transferable, revocable, limited license to use only the trademarks in the Grow.bio Brandfolder (collectively referred to as “Logos”) solely for the purpose of your participation in our Advocate Program. You acknowledge that Ecovative is the sole owner of the Logos, and all rights, registrations, applications and filings with respect to the Logo, and all renewals and extensions of any such registration, applications and filings.

You are prohibited from changing the Logo in any way. You may not use the Logos on your website, but (subject to Ecovative’s rights described herein) you may use the Logo on graphic image overlays, or to promote your relationship with Ecovative, provided that you do not suggest that you are part of the Ecovative group of companies or otherwise affiliated with Ecovative other than via our Collab Program.

Ecovative may, but is not required to, monitor your usage of the Logo at any time. In addition, you shall, at any time on our request, provide a sample of promotional materials that incorporate our Logo so that we may review your use of the Logo. We reserve the right to require you to change or stop using our Logo at any time. Your right to use the Logo terminates immediately upon termination of our relationship with you, as described below.

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TERMINATION

Your Advocate application and status in the Program may be suspended or terminated, at Ecovative / Grow.bio’s sole discretion, for any or no reason. Without limiting the foregoing, following are examples of situations that will lead to immediate termination of your participation in the Program:

• Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
• Spamming (mass email, mass newsgroup posting, etc.).
• Advertising on sites containing or promoting illegal activities.
• Failure to disclose the Advocate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
• Violation of intellectual property rights. Ecovative reserves the right to require license agreements from those who employ trademarks of Ecovative in order to protect our intellectual property rights.
• Offering rebates, coupons, or other forms of promised kickbacks from your collaborator commission as an incentive. Adding bonuses or bundling other products with Grow.bio, however, is acceptable.
• Self-referrals, fraudulent transactions, and posting code to deal sites.

The Advocate may terminate the relationship with us with a written notice of 30 days via email at giy@ecovative.com

Upon termination of our relationship with you, you are not entitled to any further payments or compensation from Ecovative except for commissions earned by you on sale generated by you through your promo code prior to the termination of our relationship.  You expressly waive any right to goodwill payments or other types of purported compensation that may be payable to sales agents under any applicable laws.

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LIABILITY LIMITATIONS

ECOVATIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND PERFORMANCE WARRANTIES. To the maximum extent permitted by law, you expressly agree and understand that Ecovative is not be liable to you or to any third party with whom you may interact with for indirect, incidental, consequential, special, punitive or exemplary damages including, but not limited to, damages for loss of profit, goodwill, or other intangible losses resulting from the Collab Program.

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PRIVACY

The Collab Program is subject to Ecovative’s Privacy Policy, a copy of which is published on Ecovative’s website (https://www.ecovative.com/pages/privacy-policy).

We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.

If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.

The tracking day will start from the time a customer clicks on the Advocate’s link or uses the coupon. Within the cookie time, every order made by this customer at Ecovative’s website will automatically result in commissions to the Advocate (There’s no need for the customer to click on the collaborator link then).

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ELECTRONIC SIGNATURES EFFECTIVE

The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Grow.bio Collab program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the Grow.bio Collab Program application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.

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GO FORWARD AND PROSPER

Thank you for reading this important document.

You can always re-visit these Collab Program terms and conditions in the future and if you have any questions you can send email to giy@ecovative.com for support.