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Clever Programmer Affiliate Agreement for Poppy AI
  1. Introduction
    This agreement ("Agreement") is between Clever Programmer LLC ("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.
  1. Enrollment in the Program
    To begin the enrollment process, you must sign up through Thrivecart. We may reject your application if we determine, at our sole discretion, that your platform is unsuitable for the Program.
  1. 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.
  1. 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.
  1. 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.
  1. Commission and Payout
  • Commission Rates: Affiliates will earn commissions 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, and commissions will be based on these tracked sales. Commissions are limited to sales of the Poppy AI product only. No commissions will be paid on upsells, cross-sells, or B2B deals. The current commission rate is specified on the Poppy AI Affiliate Program page in Thrivecart.
  • 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 $20 before payment is issued. Earnings below this threshold will carry over to the next month.
  • Payment Method: Payments will be sent out via wire transfer for tracking and accounting purposes.
  1. Rights to Use Likeness and Content
    Any content you create to promote Poppy AI may be used by us for marketing and advertising purposes.
    Poppy AI reserves the right to use your name, likeness, and videos in any advertisements, sales funnels, or promotional materials.
    Any in-person content or shoots you participate in for Poppy can also be used at our discretion in marketing and advertising.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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.
  1. 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 be communicated to you in writing.
  1. Sole Discretion of Clever Programmer LLC
    All decisions and interpretations regarding this Agreement will be made at the sole discretion of Clever Programmer LLC. This includes, but is not limited to, decisions regarding commission payments, tracking, and termination of this Agreement.
  1. 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