Affiliate Agreement

Effective Date: September 9, 2024

This Affiliate Agreement (“Agreement”) is entered into by and between 4Spot Marketing LLC, the owner and operator of LiveCaller.ai (“Company,” “We,” “Us,” “Our”), and you (“Affiliate,” “You,” “Your”). By applying for and participating in the affiliate program, You agree to the following terms and conditions.

1. Enrollment in the Affiliate Program

To become an affiliate of LiveCaller.ai, You must submit a completed affiliate application. Acceptance of Your application is at Our sole discretion, and We reserve the right to reject any application for any reason. By submitting an application, You agree to these terms and conditions.

2. Commission Structure

Affiliates will earn a commission based on the total net revenue generated from referred customers who complete qualifying purchases on LiveCaller.ai.

2.1 Default Commission Rate

  • The default commission rate is 10% of net revenue.
  • Certain groups, such as Certified Partners or influencers, may be eligible for higher commission rates at the sole discretion of 4Spot Marketing LLC.

2.2 Payouts

  • Affiliate commissions are paid out on a monthly basis, provided the Affiliate has met the minimum payout threshold of $100.
  • Any balance below $100 will roll over to the following month until the minimum balance is reached.
  • Payments will be made by the method chosen by 4Spot Marketing LLC, which may include direct deposit or other electronic means.

3. Minimum Payout Requirements

Affiliates must have a minimum balance of $100 to receive a payout. If the Affiliate account balance does not meet this threshold, the balance will roll over to subsequent months until the minimum payout amount is reached.

If an Affiliate account remains inactive for a period of 12 months (defined as no new referral activity), the account may be subject to closure, and any balance under the payout minimum will be forfeited.

4. Referral Tracking and Cookies

Affiliate referrals will be tracked using cookies placed on the referred customer’s browser. These cookies will have a 30-day duration. If a referred customer completes a purchase within this period, the Affiliate will be credited with the referral. If cookies are disabled, blocked, or otherwise tampered with, We cannot guarantee accurate tracking or commission payouts.

5. Promotional Guidelines

Affiliates are encouraged to promote LiveCaller.ai using a variety of methods, including blogs, websites, social media, and email marketing. However, the following conditions apply:

5.1 Permissible Advertising

  • Affiliates may use PPC advertising and select their own keywords, ad copy, and targets. There are no restrictions on PPC advertising at this time, but 4Spot Marketing LLC reserves the right to modify these guidelines at any time with prior notice to Affiliates.

5.2 Prohibited Content

  • Affiliates must not engage in fraudulent activities, misleading promotions, or violate any laws in the course of their promotional efforts. Affiliates are responsible for ensuring that all advertising materials and strategies comply with applicable regulations and standards.

6. Use of Advertising Materials

4Spot Marketing LLC may provide Affiliates with advertising materials, including but not limited to banners, logos, product descriptions, and promotional graphics, to assist in promoting LiveCaller.ai.

  • 6.1 Intellectual Property Rights: All advertising materials provided by 4Spot Marketing LLC are protected by copyright, trademark, and other intellectual property laws. Affiliates are granted a limited, non-exclusive, non-transferable license to use these materials solely for the purpose of promoting LiveCaller.ai.
  • 6.2 Restrictions: Affiliates may not modify, alter, or create derivative works from any provided materials without prior written consent from 4Spot Marketing LLC. Any unauthorized use or distribution of these materials may result in the termination of the Affiliate’s account and potential legal action.
  • 6.3 Ownership: All rights, titles, and interests in the advertising materials, including all associated intellectual property rights, remain the exclusive property of 4Spot Marketing LLC. The Affiliate’s use of such materials does not confer any ownership rights.

7. Relationship Between Parties

This Agreement does not create any partnership, joint venture, agency, franchise, or employment relationship between You and 4Spot Marketing LLC. You are acting as an independent contractor, and We will not provide any benefits typically associated with employment.

8. Affiliate Responsibilities

Affiliates must maintain accurate account information and keep all promotional materials, including banners and links, up-to-date. Affiliates are solely responsible for ensuring compliance with all applicable laws, regulations, and terms related to their marketing activities.

9. Account Termination

4Spot Marketing LLC reserves the right to suspend or terminate any Affiliate account for violating this Agreement, engaging in fraudulent or unethical behavior, or for inactivity (defined as no new referral activity within 12 months). Upon termination, any commissions below the $100 payout threshold will be forfeited.

10. Payment Terms

Commissions will be paid monthly, as long as the Affiliate has met the minimum payout requirement. Payments will be processed within 30 days following the end of each calendar month. In some cases, payouts may be delayed if there are issues with tracking, technical problems, or account verifications.

11. Fraudulent or Prohibited Activity

Any attempt by an Affiliate to create fraudulent transactions, manipulate referral data, or engage in any illegal activity will result in the immediate suspension or termination of the Affiliate’s account, forfeiture of all accrued commissions, and potential legal action.

12. Modification of Terms

4Spot Marketing LLC reserves the right to modify this Agreement, including commission rates, payout thresholds, and promotional guidelines, at any time. You will be notified of any such changes, and continued participation in the affiliate program constitutes acceptance of the revised terms.

13. Limitation of Liability

To the fullest extent permitted by law, 4Spot Marketing LLC will not be liable for any indirect, special, incidental, or consequential damages (including loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if advised of the possibility of such damages. Our total liability will not exceed the total commission paid to You over the preceding 12 months.

14. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws provisions. Any disputes arising from or relating to this Agreement shall be resolved in the state or federal courts located in Nevada, and You hereby consent to the jurisdiction of such courts.

15. Miscellaneous

  • Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  • Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the Affiliate Program and supersedes all prior agreements or understandings.
  • Waiver: Failure by 4Spot Marketing LLC to enforce any provision of this Agreement shall not be deemed a waiver of the right to enforce that provision at any time.
  1. Contact Information

If you have any questions or need further clarification regarding this Agreement, please contact us:

4Spot Marketing LLC
11700 W Charleston Blvd #170-160
Las Vegas, NV 89135
Phone: 702-721-9763
Email: info@livecaller.ai