GetPoppyAI Corp Affiliate Agreement for Poppy AI

Applies to creator partners enrolled through the Poppy creator portal (powered by Dub).

Introduction

This agreement ("Agreement") is between GetPoppyAI Corp ("Poppy," "We," or "Us") and the affiliate partner ("Partner" or "You"). Poppy AI is the product being promoted through this Agreement. By signing up for the affiliate program, you agree to these terms and conditions.

Enrollment in the Program

To begin the enrollment process, you must apply through the Poppy creator portal at getpoppy.ai/creators. We may reject your application if we determine, at our sole discretion, that your platform is unsuitable for the Program.

Affiliate Obligations

As a member of the Poppy AI Affiliate Program, you agree that:

• You will use the Program in a lawful manner and comply with all applicable laws and regulations.
• You will not engage in any misleading, fraudulent, or deceptive practices.
• You will not engage in the distribution of unsolicited commercial emails (spam).
• You will not use Poppy AI's trademarks or other intellectual property without prior written permission, except as provided in the branding guidelines.

Approved Promotional Methods

As a Poppy AI affiliate, you are authorized to promote our products through the following methods:

• Website or blog content.
• Social media platforms.
• Email marketing (in compliance with applicable laws and regulations).
• Webinars and online events.
• Content marketing, such as articles, reviews, and tutorials.

Prohibited Activities

The following activities are strictly prohibited and may result in the immediate termination of your account and forfeiture of any accrued commissions:

• Engaging in any form of advertising that results in misleading or false representations of Poppy AI products.
• Offering any third-party incentives (e.g., rebates, coupons, discounts) to induce sales.
• Utilizing cookie stuffing, hidden iframes, or other deceptive practices to generate commissions.
• Using unauthorized methods to redirect traffic to the Poppy AI website.
• Referring yourself, your own accounts, your own businesses, or accounts you control. Self-referrals, duplicate accounts, and attempts to artificially create referral credit are prohibited.
• Referring existing Poppy AI customers, prior leads, or people already in an active buying process with Poppy AI. These referrals may be excluded from eligibility.
• Bidding on, targeting, or purchasing advertisements using Poppy AI's name, product names, trademarks, misspellings, branded keywords, or confusingly similar terms.
• Running paid advertising to promote Poppy AI (paid search, paid social, display, sponsored placements, native ads, or similar paid traffic) without our prior written approval.
• Promoting Poppy AI through coupon sites, deal sites, cashback sites, loyalty platforms, discount extensions, or similar services without our prior written approval.
• Registering or using domains, subdomains, social handles, business names, or app names that include Poppy AI's name, trademarks, misspellings, or confusingly similar terms, or creating websites, pages, profiles, or materials that appear to be owned or operated by Poppy AI.
• Implying that you are an employee, agent, or official representative of Poppy AI.

Commission and Payout

• Commission Rates: Affiliates will earn commissions only on qualified sales made through their unique affiliate links or promo codes. People coming through your affiliate link or promo code will be tracked to you using last-touch attribution for 90 days after their click, and commissions will be based on these tracked sales. Commissions apply to qualified purchases made by a referred customer during the 12 months following their first purchase, on sales under $500. Sales of $500 or more, services, done-with-you or done-for-you programs, and B2B sales are excluded, whether sold by us or by the customer upgrading. The current commission rate is specified in your partner dashboard.
• Payout Schedule: Commissions will be calculated and paid 30 days after the sale to account for any refunds or chargebacks.
• Minimum Payout: Affiliates must reach a minimum commission balance of $100 USD before payment is issued. Earnings below this threshold will carry over to the next month.
• Payment Method: Payments are issued through the partner dashboard to the payout method you connect there.

Rights to Use Likeness and Content

By joining the Program you give GetPoppyAI Corp permission, in advance, to use any content you create that features or promotes Poppy AI, together with your name, likeness, voice, and social handles, anywhere we choose: in paid advertising on any platform, on our websites and landing pages, in our emails and texts, in sales funnels, on social media, and in any other marketing or promotional material, in any media now known or later developed. We do not need to ask you again, get a separate approval, or pay anything further for any of these uses.

This permission is a perpetual, irrevocable, worldwide, royalty-free, sublicensable license. We may reproduce, edit, cut, caption, re-mix, translate, and adapt the content as we see fit. This license survives termination of this Agreement for any reason.

On request you will provide the original files and, where a platform requires it, authorize us to run ads from your own account (for example partnership ads or Spark ads).

You will not reuse content created for Poppy AI to promote a competing product.

You represent that you own or have cleared all rights in the content, including any music, footage, and any other person appearing in it, and that our use of it will not infringe anyone's rights.

Any in-person content or shoots you participate in for Poppy may also be used by us at our discretion in marketing and advertising.

Disclosure of Relationship

You must clearly disclose your relationship with Poppy AI when promoting us. Any endorsement, review, post, video, email, or other promotional content must make it clear that you may receive compensation, in line with applicable advertising and endorsement rules.

Non-Exclusivity

The Program is non-exclusive. We may work with other partners, affiliates, creators, agencies, and referral sources. You may also work with other companies, provided you comply with this Agreement.

Indemnification

You agree to defend, indemnify, and hold harmless GetPoppyAI Corp from claims, damages, losses, liabilities, costs, and expenses arising from your promotional activity, content, breach of this Agreement, violation of law, or misuse of our brand assets.

Payout Compliance Requirements

You are responsible for any taxes, reporting obligations, and other requirements that apply to payments you receive through the Program. Before receiving payments, you may be required to complete tax forms, identity verification, sanctions screening, payout provider onboarding, or other compliance checks. We may withhold payments until these requirements are completed.

Non-Disclosure Agreement (NDA)

Partner agrees that any information regarding unreleased features or confidential plans of Poppy AI is considered confidential and must not be disclosed publicly or shared with third parties. This includes any future developments, product updates, or marketing strategies.

Relationship of Parties

You and Poppy AI are independent contractors. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf.

Limitation of Liability

Poppy AI will not be liable for any indirect, special, or consequential damages arising in connection with this Agreement or the Program. Our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

Poppy AI makes no express or implied warranties or representations with respect to the Program or any products sold through the Program. We make no representation that the operation of the Poppy AI website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Term and Termination

This Agreement will begin upon our acceptance of your Program application and will continue until terminated by either party. Either you or Poppy AI may terminate this Agreement at any time, with or without cause, by providing written notice to the other party.

Entire Agreement

This Agreement constitutes the entire understanding between the parties regarding the subject matter herein, and it supersedes all prior communications, agreements, or understandings, whether written or verbal, between the parties. No other agreements, promises, or representations shall be binding unless made in writing and signed by both parties.

Modification of Agreement

We may modify any of the terms and conditions contained in this Agreement at any time at our sole discretion. Modifications may include, but are not limited to, changes in the payment procedures and Program rules. Any modifications will apply only to sales occurring after the change is communicated in writing. Any modifications will be communicated to you in writing.

Sole Discretion of GetPoppyAI Corp

All decisions and interpretations regarding this Agreement will be made at the sole discretion of GetPoppyAI Corp. This includes, but is not limited to, decisions regarding commission payments, tracking, and termination of this Agreement.

Dispute Resolution and Governing Law

Any disputes or disagreements arising from this Agreement will be resolved through binding arbitration administered by JAMS (formerly known as Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules and Procedures. The arbitration shall take place in San Francisco, California, and shall be conducted in English by a single arbitrator. The arbitrator shall apply the substantive law of the State of California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions.

Contact

Questions about this Agreement or the Program can be sent to support@getpoppy.ai.