Unsupported Browser Although our tracking technology supports older browsers, unfortunately our website does not. Please upgrade your browser in order to get the full user experience.

Booth AI Affiliate Partner Terms and Conditions

Last updated July 05, 2023

These Booth AI Affiliate Partner Terms and Conditions are applicable to your involvement in any Booth AI Affiliate Partner Program (individually referred to as a "Program," and collectively as "Programs"). See also Booth AI’s Terms and Conditions, which apply to you in your role as Affiliate.

Any individual or entity (“you”, “Affiliate”) engaging or attempting to engage in a Program must accept these Booth AI Affiliate Partner Terms and Conditions (“Affiliate Terms”). By enrolling in a Program, you consent to abide by the Affiliate Terms established between you and Booth AI, Inc. (“Booth AI,” “we,” “us,” “our”) and by Booth AI’s Terms and Conditions. This Agreement embodies, and you consent to adhere to, the latest versions of all policies, appendices, guidelines, schedules, and additional rules mentioned in these Affiliate Terms, along with any other policies applicable to tools and features made accessible to you under the Program (“Program Policy”, “Program Policies”).

These Affiliate Terms are relevant to various Programs, encompassing any subprograms. Individual Programs may possess their own Program Policies. Should there be any discrepancy between these Affiliate Terms and any Program Policy, these Affiliate Terms shall prevail unless explicitly stated otherwise in the Program Policy. If you register for a Program representing an entity or organization, you are committing that organization to these Affiliate Terms, and you affirm that you possess the authority to do so.

Enrolling in the Program

1.1 Accurate Information: When signing up for the Program, you must provide information that is both truthful and accurate. Any attempt to provide false or misleading information may result in the rejection of your application or termination from the Program.

1.2 Name Changes: If there are any changes to your name or the name of the entity you represent, you must notify Booth AI in writing within 48 hours of the change.

1.3 Admittance Discretion: Admission to the Program is not guaranteed. Booth AI holds sole discretion in determining eligibility for participation and shall not be required to provide any explanation to its rejection of any prospective Partner. To apply, please fill out the application form here: https://boothai.tapfiliate.com

1.4 Compliance with Regulatory Bodies: By applying to the Program, you confirm that neither you nor the entity you represent are currently under investigation or have been previously investigated by the Federal Trade Commission (FTC) or any similar regulatory bodies anywhere in the world. Should you or the entity you represent become the subject of such an investigation, you are required to notify Booth AI in writing within 24 hours. Booth AI reserves the right to evaluate the situation and may choose to terminate this agreement at its discretion.

1.5 Consent to Communication: By participating in the Program, you consent to be contacted by Booth AI through any communication methods you have provided to us, including but not limited to email, phone, and social media. This may include automated communications, such as system notifications and updates. You acknowledge and agree that Booth AI may use your contact information for this purpose.

Promoting Booth AI

2.1 No Self-Referral: Affiliates are not permitted to open an account under a different name or entity for the purpose of obtaining commissions through self-referral.

2.2 Prohibited Platforms: Affiliates are prohibited from promoting Booth AI on adult, gambling, or any websites that contain offensive material.

2.3 Non-Disparagement: Affiliates must not disparage, criticize, or make negative comments about Booth AI in any form through any medium. If an Affiliate is found to engage in such practices, Booth AI will request that the content be amended. Failure to comply and make the necessary amendments within a reasonable time frame may result in the termination of the Affiliate’s participation in the Program.

2.4 No Promotion on Coupon Sites: Affiliates are prohibited from promoting Booth AI on promo code or coupon websites.

2.5 No Competition with Booth AI: Affiliates must not compete with Booth AI in any form, including but not limited to, targeting keywords Booth AI is optimizing for, or running paid advertisements that include 'Booth AI'. Registering domains with similar terms to 'Booth AI' is also prohibited. Any such activity, if detected, may result in the Affiliate being banned and forfeiting any due commissions.

2.6 No Cannibalization: Affiliates should avoid targeting users who are already interested in Booth AI, in a way that might cannibalize Booth AI's own marketing efforts.

2.7 Affiliation Disclosure: Affiliates must make it clear in promotions that they are not representing Booth AI directly.

2.8 Compliance with Laws: Affiliates must strictly comply with all applicable laws and regulations, including but not limited to CAN-SPAM, GDPR, California Consumer Privacy Act (CCPA), Brazil's General Data Protection Law (LGPD), Federal Trade Commission (FTC) guidelines on endorsements. The Affiliate is solely responsible for such compliance. Booth AI reserves the right to ban any Affiliate in case of non-compliance.

2.9 No Bots or Non-Converting Traffic: Using bots or any form of non-converting traffic for promotions is strictly prohibited and will result in an immediate ban.

2.10 No Monetary Incentives: Affiliates are not allowed to offer monetary incentives to customers as a means to obtain sales for Booth AI.

2.11 Social Media Endorsement Guidelines: Affiliates must comply with guidelines pertaining to endorsements on social media.

2.12 Use of Authorized Materials: Affiliates may only use promotional materials provided by Booth AI, unless explicitly authorized by Booth AI otherwise.

2.13 Consequences of Breach: Breach of any clause in this section may result in the Affiliate being banned from the Program and, at Booth AI's discretion, forfeiture of any unpaid commissions.

2.14 Accurate Information: Affiliates are responsible for keeping information regarding Booth AI, including pricing and available features, up to date in their promotional materials.

Payments

3.1 Definitions:

"Sale": A sale refers to a confirmed transaction where a customer makes a purchase of Booth AI’s products or services through an Affiliate's referral link, and this transaction has been validated and approved.

"Commission": Commission refers to the monetary reward an Affiliate earns for generating a Sale for Booth AI.

"Campaign": A campaign refers to a specific marketing effort aimed at promoting Booth AI's products or services, in which Affiliates participate and may earn commissions. The terms of each campaign, such as commission rates and time limits, may vary.

3.2 Last-Click Attribution: Commissions are based on a last-click model. This means that the Affiliate whose link was clicked by the customer before making a purchase will be credited for the Sale.

3.3 Tracking and Cookies: When a potential customer clicks on an Affiliate’s link, a cookie is stored on their browser. This cookie is valid for 45 days. If the customer makes a purchase within this 45-day window, the Sale will be attributed to the Affiliate, provided the link clicked was the last affiliate link clicked by the customer. If tracking mechanisms are disabled or blocked for any reason, including by user action or expiration of tracking methods, Booth AI will not be able to identify such customer; consequently, that customer will not be considered as a Referred Customer of the Affiliate.

3.4 Sale Confirmation: Once a customer makes a purchase, the sale is in a 'pending' state for up to 30 days. If the sale is still in order after 30 days, the sale and the associated Affiliate’s commission will be confirmed.

3.5 Payment Schedule, Currency, and Fees: Commissions that have been confirmed are paid out on the 20th of the month following the confirmation. Payments are made in United States Dollars (USD). Some payment methods may incur processing fees, which will be deducted from your commission payment. Affiliates must have a minimum of $20.00 (USD) outstanding in commissions before a payment is issued.

3.6 Customer Subscription Change: If a referred customer changes their subscription, including upgrading or downgrading, the Commission will be adjusted accordingly. If a referred customer cancels the subscription, the Affiliate's recurring Commission will cease.

3.8 International Sanctions Compliance: Booth AI may withhold payments to an Affiliate if required by law, regulation, or government direction affecting Booth AI or an associated company, for example if the Affiliate's bank account, billing address, or IP address is located in a country that is subject to international sanctions.

3.9 Tax: Affiliates are required to provide Booth AI with completed tax information prior to receiving any payments. Affiliates are responsible for ensuring compliance with the tax laws in their jurisdiction, including reporting and payment of any taxes arising from the receipt of commissions.

3.10 Recoupment of Commissions: Booth AI reserves the right to reclaim any payments made in respect of transactions that are later found to be invalid, including but not limited to, payments made in error, overpayments, or payments resulting from fraudulent activity.

3.11 Changes to Commission Rates: Booth AI retains the right to alter commission rates at any time without prior notice.

Limitation of Liability

4.1 LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY APPLICABLE LAW, (A) BOOTH AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, IRRESPECTIVE OF HOW THEY ARISE, EVEN IF BOOTH AI WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED IN THIS AGREEMENT; AND (B) BOOTH AI’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT ACTUALLY PAID OR PAYABLE TO THE AFFILIATE UNDER THIS AGREEMENT FOR THE RELEVANT PROGRAM IN THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE; OR (ii) $500 USD.

Warranties

5.1 Warranties: We do not make any promise, guarantee, or assurance regarding the volume of traffic or commissions you can anticipate at any time in relation to the Program, and we shall not be held accountable for any actions you take based on your expectations. All information or materials supplied by us, including affiliate links, are provided ‘as is’ and carry no warranty. You recognize and agree that affiliate links may function on a 'last-click' basis, and Booth AI is not responsible for any commission payments in the event a customer transaction does not use your Affiliate Link. To the degree permitted by law, we expressly renounce all warranties, whether explicit or implied, including but not limited to implied warranties of merchantability, title, suitability for a specific purpose, and non-infringement.

Indemnity

6.1 Indemnity: The Affiliate shall indemnify and hold harmless Booth AI, its subsidiaries, officers, employees, agents, and third parties from any claims, liabilities, losses, costs, damages, or expenses (including attorneys’ fees) that arise directly or indirectly in connection with: (a) the Affiliate’s actions or lack thereof under this Agreement, including but not limited to any third-party claims resulting from the Affiliate’s actions or lack thereof; (b) the Affiliate’s website; (c) any disputes between the Affiliate and any other party relating to this Agreement or participation in the Program; and (d) any violation or failure to fulfill any terms of this Agreement.

General

7.1 Complaint Notification: If an Affiliate receives a complaint regarding any advertisements or promotions related to Booth AI, they must notify Booth AI within 24 hours at affiliates@booth.ai.

7.2 Affiliate Status: Affiliates are considered independent contractors and nothing in this Agreement shall be construed as establishing an employment relationship, partnership, or joint venture between the Affiliate and Booth AI. Affiliates have no authority to bind Booth AI to contracts or agreements and shall not represent themselves as agents or representatives of Booth AI.

Termination

8.1 Termination at Will: Either Party, be it Booth AI or You (the Affiliate), reserves the right to terminate this Agreement at any given time, without providing any prior notice or reason for such termination.

8.2 Termination for Breach: In the event that You, the Affiliate, violate any of the terms and conditions set forth in this Agreement, or those outlined in Booth AI’s Terms & Conditions, Booth AI reserves the right to immediately terminate this Agreement and revoke your status as an Affiliate, effectively banning you from the Affiliate platform.

8.3 Termination for Inactivity: This Agreement will be terminated in the event that You do not accrue any Commissions within a span of 12 months of your sign-up.

Amendment

9.1 Amendment of Terms: Booth AI reserves the right to amend these Terms and Conditions, including commission rates and campaign specifics, at any time without notice, including the right to unilaterally move Affiliates to different campaigns. It is the Affiliate's responsibility to regularly review these Terms and Conditions to stay informed about any changes. Continuation of participation in the Program following any changes constitutes acceptance of the updated Terms and Conditions