Last updated: April 7, 2020
Affiliate Terms and Conditions
As an affiliate, you agree to abide by the terms and conditions contained in this Agreement (Agreement). Please read the entire Agreement carefully before registering and promoting krisp.ai as an Affiliate. The terms and conditions contained in this Agreement apply to your participation in Krisp.ai and Commission Junction (CJ) affiliate programs.
Your participation in the Program is solely to legally advertise our website to receive a commission on qualifying actions by individuals referred by You to krisp.ai through your own website or personal referrals.
By signing up for the krisp.ai Affiliate Program (Program), you indicate your acceptance of this Agreement and its terms and conditions.
Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, Krisp.ai agrees as follows:
- We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”) which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
- We will pay Affiliate for each Qualified Action (the “Commission”). A “Qualified Action” means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Krisp, (v) Subscribes to one of Krisp paid plans and makes a payment (vi) is not refunded as requested by the customer or due to a chargeback, (vii)Krisp cookies are not deleted from the referred individual’s browser within 90 days after referral and (viii) is not later determined by Krisp.ai, at its sole discretion, to be fraudulent, incomplete, unqualified or a duplicate.
Fraudulent leads are defined as any lead that is:
- (i) generated by means of any device, program, or robot;
- (ii) generated using stolen credit cards; or
- (iii) manually created in bad faith by Your affiliate with the direct intent to artificially inflate commissions payable to You.
- From time to time krisp may introduce additional promotional offers and/or incentive bonuses. Promotional offers cannot be combined with other performance incentive bonuses. If multiple bonus or promotional offers coincide, Affiliates will receive the largest bonus out of all the bonus or promotional offers which they qualify.
- Affiliates are paid monthly after a $40 as a threshold minimum earnings threshold is met. Therefore, the affiliate must reach at least $40 in affiliate commissions to be sent payment. All other Affiliates are subject to the pay terms of the platform from which they pull their affiliate links.
- Krisp shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Krisp in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Krisp in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide Krisp with Affiliate’s reports within three (3) days after 30th day of the calendar month, and if Krisp and Affiliate’s reported statistics vary by more than 10% and Krisp reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then Krisp and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Krisp numbers shall govern.
- If Affiliate has an outstanding balance due to Krisp under this Agreement or any other agreement between the Affiliate and Krisp, whether or not related to the Affiliate Program, Affiliate agrees that Krisp may offset any such amounts due to Krisp from amounts payable to Affiliate under this Agreement.
- The commision is calculated on Net Amount received from Qualified Action, which is Gross Amount received by Krisp, less any taxes, fees, refunds and chargebacks.
- We may change the commission structure, volumes and payout mechanisms from time to time at our sole discretion. If there is material change, we will notify you through ………. If you do not agree to any such change, your sole remedy is to terminate your Affiliate account.
Affiliate also agrees to:
- Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
- Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program:
- (i) are not illegal,
- (ii) do not infringe upon the intellectual property or personal rights of any third party and
- (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Krisp informs you that it considers objectionable (collectively, “Objectionable Content”).
- Not make any representations, warranties or other statements concerning Krisp or Client or any of their respective products or services, except as expressly authorized herein.
- Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Krisp or Clients or a part of the Program Web Site, without prior written permission from us.
- Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
- Comply with the terms, conditions, guidelines and policies of any third-party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
- Make sure to not place Krisp ads on any online auction platform (i.e. eBay, Amazon, etc).
- Give Krisp the right to terminate Affiliate’s Krisp affiliate account if there is inactivity during any 12-month period, which includes but is not limited to
- (i) no impressions, clicks, leads, or sales generated,
- (ii) not responding to emails from the Krisp Affiliate Marketing Manager, or
- (iii) having an incomplete account profile. If the account is terminated, any unpaid commissions will be paid out, regardless of whether the threshold is met or not.
- Give Krisp the right to terminate Affiliate’s Krisp affiliate account and void all commissions earned if affiliate fails to provide legitimate and proper payment details (paypal email).
- Should Affiliate choose to leave the Affiliate Program, Affiliate shall notify Krisp at: [email protected]
The following additional program-specific terms shall apply to any promotional programs set forth below:
- Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Krisp in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user’s computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
- Affiliate Network Campaigns. For all Affiliate’s that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the “Network”) for access and use by those affiliates in Affiliate’s Network (each a “Third Party Affiliate”). Affiliate agrees that it will expressly forbid any Third-Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third-Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third-Party Affiliates must be in good standing with the Affiliate. Affiliate must require and confirm that all Third-Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third-Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third-Party Affiliate with respect to the Links, the Affiliate shall promptly disclose to Krisp the identity and contact information for such Third-Party Affiliate. Affiliate shall promptly remove any Third-Party Affiliate from the Affiliate Program and terminate their access to future Offers of Krisp in the Network upon written notice from Krisp. Unless Krisp has been provided with all truthful and complete contact information for a Third-Party Affiliate and such Third-Party Affiliate has affirmatively accepted this Agreement as recorded by Krisp, Affiliate shall remain liable for all acts or omissions of any Third-Party Affiliate.
- Affiliates may not use any coupon code, promotion code, coupon, promotion or deal that is not expressly provided to them via the Krisp Affiliate Program portal(s) (Commission Junction). Any installs and/or sales using such materials will be voided with commissions revoked.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- 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 affiliate 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. Krisp reserves the right to require license agreements from those who employ trademarks of Krisp in order to protect our intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
- In addition to the foregoing, Krisp reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or no reason.
- By affiliate request
You may use graphic and text links both on your website and within your email messages. You may also advertise the Krisp site in online and offline classified ads, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as you have a written permission from krisp.
You may not use the Trademarked names Krisp any manner, including keyword bidding on search engines or any variation or misspellings thereof, in metatags or to direct traffic to any website other than our site. You may not use Krisp and Krisp.ai in any manner or any variation or misspellings in your domain name.
Pay Per Click (PPC) Policy
PPC bidding is NOT allowed without prior written permission.
Keyword Bidding Rules
You may not bid on any keyword or keyword string on any Pay per Click Search Engines (PPCSEs) where such keyword or keywords string is, or includes, one of our Trademarks (see the list of protected SEM bidding keywords below):
krisp, krisp.ai, krisp.ai
Additionally, we prohibit bidding on the following non-brand keywords:
crisp, crisp.ai, noise cancellation app, free noise cancellation app, noise cancellation app mac, noise cancellation app pc, ios noise cancellation app
In order to bid on brand term-discount term concatenations (i.e. Krisp coupon, Krisp discount, Krisp deal, and variations thereof), you must obtain written consent from Krisp’s affiliate marketing team at: [email protected]
Krisp will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to our website(s).
We do not make any expressed or implied warranties with respect to the Program and/or the memberships or products sold by Krisp. We make no claim that the operation of the Program and/or our website(s) will be error-free and we will not be liable for any interruptions or errors.
Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only choice is to terminate your Affiliate account. Your continuing participation in the Program will constitute your acceptance of any change.
Both parties, except as otherwise provided in this Agreement or with the consent of one of the Party’s, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning a Party or any of its affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by a Party for any purpose other than the participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than the other Party. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the Krisp affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the CJ and/or Krisp affiliate application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.