Welcome to the SpicyFanz Program!
By signing up and participating in the SpicyFanz Referral Partner Program and Branded Store Program (“Program”), you (“Creator”) agree to the following terms and conditions. Please read these terms carefully, as they constitute a legal agreement between you and SpicyFanz, a Program by Spicerack.Market, Inc (“Company”).
Creator must be at least 18 years old to participate in the Program. By signing up for the Program, you confirm that you are of legal age.
Creators will receive access to a personalized webstore and unique URL to promote listed products and wishlist items. Creators and Marketers will have access to a unique referral link to share with others who wish to sign up for the Program.
Creators must create and maintain an active account with SpicyFanz to participate.
The Program reserves the right to reject applications or terminate accounts at its sole discretion if it determines you are not in compliance with any or our terms.
Creator agrees to make no deceptive, unsubstantiated or inaccurate statements, claims or representations, including but not limited to earnings ability or product-related claims, and to not act in a manner that would impair the name, reputation or goodwill of Spicerack Market, Inc or the Program.
Sales Intentions & Restrictions
Creator agrees to sell only to individual customers through their SpicyFanz webstore and not to or through third parties, including but not limited to any business entity or any type of retail establishment or any Web site or any online auction (e.g., eBay) unless authorized by the Program in writing.
Creator agrees that in the Program, they are considered an independent contractor and not an agent, joint-venturer, employee, distributor, partner, or franchisee of the Program or Company. Creator may not represent themselves as an agent, joint-venturer, employee, distributor, partner, or franchisee of the Program or Company. A Creator in the Program does not create an employee/employer relationship, agency, partnership, or joint venture between the Creator and the Company and shall not be treated as an employee for any purpose, including without limitation for federal, state, or local tax purposes, Social Security Act and federal or state unemployment laws. Creator has no power or authority to incur any debt, obligation or liability, or make any promise or contract on behalf of the Company or Program.
Either party may terminate this business relationship or contract, with or without cause, at any time. The relationship or contract will also terminate automatically in the event that the Creator closes their account with Program.
Commission Structure
Branded Store Commission: Creators will earn a 15% commission on all purchases made through their SpicyFanz webstore.
Referral Program Commission: Creators who refer other content creators to the Program will earn 5% of the referred Creator’s store net sales for three years from the date their store goes live or until the referred webstore reaches $1,000,000 in net sales, whichever comes first.
Commissions are calculated based on net sales. Net sales is the amount charged to the customer after any taxes, shipping, refunds, chargebacks, sales and discounts have been discounted. Product promotions, sales, discounts and coupons will be managed by the Program.
SpicyFanz reserves the right to modify commission rates and structures or any terms on this agreement with 30 days’ prior notice.
Payouts
Payouts for Branded Sales Commissions will be made instantly at the time of purchase through a connection with Stripe. Creators must have a standing account with Stripe for instant payments. Payments for the Referral Program Commission will be made monthly, provided the Creator’s earnings meet the minimum payout threshold of [$50]. Referral Program Commissions will be paid through Stripe minus a transaction fee of $3 per payment imposed by the Program. If a Creator or Marketer signed up for the Referral Program is in a country that does not accept Stripe or would prefer another means of payout that can be requested through other means such as Bitcoin, PayPal, Payoneer, etc and may be subject to additional transaction fees implemented by the transfer bank and/or the Program.
Earnings below the threshold will roll over to the next payout cycle until the threshold is met.
Creators are responsible for providing accurate payment information. SpicyFanz is not liable for failed payments due to incorrect or outdated information.
Payouts are subject to applicable taxes, which Creators are solely responsible for reporting and paying.
Your account must be in good-standing and you must not be in breach of any agreement between yourself and the Program in order to be eligible to receive referral commissions.
Refunds and Chargeback Policy for SpicyFans Creators
At SpicyFans, we are committed to maintaining a secure and fair platform for both creators and their fans/customers. To ensure transparency and smooth operations, the following policy outlines how refunds and chargebacks are handled and how they may impact creators.
Refunds to Customers
- In the event a customer requests a refund for their purchase, SpicyFans will assess the situation in accordance with our Refund Policy and terms of service.
- If a refund is approved, the Branded Store Commission amount will be deducted from the creator’s balance available in their Stripe account. If sufficient funds are unavailable in the account, SpicyFans reserves the right to charge the creator's connected Stripe account for the outstanding Commission amount.
- If a refund is approved, any Referral Program Commission amounts will be deducted from the balance available in their commission account. If sufficient funds are unavailable in the account, the account will have a negative balance which will be deducted from future referral program commissions.
Chargebacks from Credit Card Issuers
- A chargeback occurs when a fan disputes a transaction with their credit card issuer, leading to a reversal of funds. SpicyFans is obligated to comply with the bank’s decision regarding chargebacks.
- When a chargeback is initiated, the Branded Store Commission amount will be deducted from the creator’s Stripe account balance.
- If the Stripe account does not have sufficient funds to cover the chargeback and associated fees, SpicyFans reserves the right to charge the creator’s connected Stripe account for the outstanding Commission amount.
- When a chargeback is initiated, any Referral Program Commission amounts will be deducted from the balance available in their commission account. If sufficient funds are unavailable in the account, the account will have a negative balance which will be deducted from future referral program commissions.
- Creators will be notified of any refund or chargeback initiated against their account.
Terms Acceptance
- By signing up for the SpicyFans program, creators acknowledge and agree to this Refunds and Chargeback Policy as part of the Platform’s Terms of Service.
- This policy is subject to updates and modifications. Creators will be notified of any significant changes.
Referral Tracking
As a Referral Program Partner, you will be entitled to the Referral Program Commission as described above and which may be changed or modified from time to time at our sole discretion. In order for a commission to be paid, the creator/customer who you referred to our site to create their own webstore will be tracked by our internal tracking system from the time of the Link is activated until the time of the store creation. Customers will be tracked with a 14 day cookie after which you will only be given the referral attribution if they use your referral link again to sign up for their own store. The link attribution will be within the 14 day cookie period and will also be attributed to the last clicked referral link. For a referral store to generate a commission, the customer must follow your provided referral link to our site, and completely and successfully sign up for their own webstore through our Branded Store program. For purposes of illustration only: (i) if a visitor comes to our site once from a link from Site A, but does not sign up and then later returns to our site from a link from Site B, where they then sign up – all commissions will be paid to Site B; (ii) if a visitor comes to our site from Site A, but does not sign up and after 14 days returns directly to our site to sign up no commission will be paid.
By your continued use of our sites and your involvement and use of our Referral Partner Program and by your continued sending of traffic to us for which you expect compensation under our Referral Partner Program and the Branded Store Program, you hereby acknowledge and agree that the above definitions have controlled your relationship with us from the inception of your involvement in our Program, or those of our predecessors, and that you hereby fully waive any and all claims against us related to or arising out of theories or allegations or arguments that the above defined items should be given different definitions than those above or that you believed that the items above had different definitions at any point in time or that you reasonably relied on the above items having different definitions than the above or that such definitions have caused or will cause underpayment of commissions to you.
Wishlists
Creators will be able to choose products from Spicerack Market to add to their Wishlist which will be shown on their branded webstores and available for their fans to purchase for them as gifts. These orders will be sent to the independent shops that have created that product listing and they will ship directly to the creator. The customer/fan will get an order confirmation without any personal information of the creator such as name or address. Shops will have an identifier on their dashboard to notify them that this is a Wishlist order and to remind them not to divulge any personal information to any requesting customers.
Program Promotion
Creators are encouraged to promote their webstore and the Program through lawful and ethical means.
Prohibited activities include, but are not limited to:
- Spamming or sending unsolicited messages.
- Misrepresenting SpicyFanz or its offerings.
- Using deceptive or fraudulent practices.
SpicyFanz reserves the right to suspend or terminate accounts engaging in prohibited activities.
Program Communication
By signing up for the Spicy Fanz Program, you confirm that you are of legal age and agree to be contacted via the email provided during sign-up. Communications may include account notices, performance updates, order information, payment details, and other related notifications.
Use of Profile Information for Promotional Purposes
By signing up for the referral program, you grant the Company the right to use your profile name, profile picture, and webstore details (including name and logo) for the purpose of promoting the Program. This may include, but is not limited to, featuring your information on our webpages, websites, advertisements, social media posts, and other promotional materials.
We will use this information responsibly and in alignment with our commitment to supporting and showcasing our creators.
Term and Termination
These terms will remain in effect as long as you participate in the Program.
The Company may terminate your participation in the Program at any time for any reason, including but not limited to:
- Breach of these terms.
- Inactivity for more than [6 months].
- Misconduct or fraud.
You may terminate your participation by providing written notice to the Company.
Upon termination, unpaid commissions that meet the minimum payout threshold will be paid during the next payout cycle. Commissions below the threshold will be forfeited.
We reserve the right to change or discontinue the Program at any time. We may change our policies, terms, and operating procedures at any time and your continued use of the Program is your assent to the change or modified policies, terms, and operating procedures. Product prices and availability of products listed on the branded stores may vary from time to time. We will use reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Product being offered on the branded webstores.
You are prohibited from enrolling or maintaining a webstore in the Program if your social media, creator content or service(s) are involved in unlawful activity or contain objectionable material including by way of example only: a site or services containing images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, or otherwise legally prohibited, a site or services facilitating illegal activity or considered obscene or harmful to minors or not in compliance with applicable laws; a site or services promoting fraudulent, unlawful, misleading, or unfair business practices, a site or services promoting violence, a site or services promoting discrimination based on race, sex, religion, nationality, disability, or age, a site or services incorporating any materials which infringe or assist others to infringe on any copyright, trademarks, patents, or other intellectual property rights, or a site or services involving unfair competition (collectively “Content Restrictions”).
Intellectual Property
The Company grants you a limited, non-exclusive license to use its branding, logos, and marketing materials for the sole purpose of promoting your webstore and the Program.
You may not modify, reproduce, or distribute the Company’s or Program’s intellectual property without prior written consent.
Confidentiality
Any non-public information provided by SpicyFanz as part of the Program must be kept confidential and not shared with third parties without prior written consent.
Limitation of Liability
The Company is not responsible for any loss of earnings, business opportunities, or reputational harm resulting from your participation in the Program.
The Company’s liability is limited to the amount of commissions earned by you in the past 12 months.
Governing Law
These terms and conditions are governed by the laws of the state of Florida. Any disputes will be resolved in the courts of the Jurisdiction of Florida.
Amendments
The Company reserves the right to modify the terms and conditions of the Program at any time. Creators will be notified of significant changes via email and/or through their account dashboard.
Continued participation in the Program after changes are implemented constitutes acceptance of the updated terms.
Contact Information
For questions or support, please contact SpicyFanz at spicyfanz@spicerack.market