HelloJess Partner Program Agreement
Effective Date: Upon digital acceptance.
This HelloJess Partner Program Agreement (“Agreement”) is entered into by and between Elite Digital Media LLC (“Company”, “HelloJess”, “we”, “our”, or “us”) and the approved Partner (“Partner”, “you”, or “your”). By submitting a partner application or participating in the HelloJess Partner Program, you agree to the following terms and conditions.
1. Program Overview
The HelloJess Partner Program allows approved partners to refer prospective customers to HelloJess products and services in exchange for recurring commission payments on qualifying accounts. HelloJess provides AI-powered business communication solutions, including AI voice receptionists, lead capture tools, communication automation systems, and related software/services.
2. Independent Contractor Relationship
Partner is an independent contractor and is not an employee, agent, franchisee, joint venture partner, or legal representative of HelloJess.
- Partner may not make guarantees on behalf of HelloJess.
- Partner may not bind HelloJess to contracts or obligations.
- Partner may not represent themselves as an employee of HelloJess.
- Partner may not modify pricing, agreements, or terms without written authorization.
3. Eligibility
Participation is subject to approval by HelloJess. HelloJess reserves the right to approve or deny any application, revoke participation at any time, and remove partners who violate this Agreement or engage in conduct deemed harmful to HelloJess.
4. Referral Attribution
A referral is considered attributed to the Partner when the customer signs up using the Partner’s assigned referral link, referral process, or approved attribution method, the referral is properly tracked in HelloJess systems, and the account remains active and in good standing. HelloJess reserves the sole right to determine referral attribution in cases involving duplicate claims, existing leads, prior contact, or unclear attribution.
5. Commission Structure
Approved Partners may receive recurring commissions on qualifying customer accounts. Commission details may include recurring monthly commissions, promotional bonuses, limited-time incentives, and tiered referral structures. Commission percentages, structures, and qualification requirements may be modified by HelloJess at any time with reasonable notice.
Unless otherwise stated in writing, commissions are calculated from collected recurring subscription revenue only. Taxes, fees, refunds, credits, chargebacks, telecom overages, setup fees, and one-time charges may be excluded. Commissions are earned only on successfully collected payments.
6. Payment Terms, W-9 Requirement & Clawbacks
Commission payments are generally processed monthly and paid approximately thirty (30) days after HelloJess successfully receives the customer’s initial qualifying payment.
To qualify for commission payments:
- The referred customer account must remain active and in good standing.
- The customer payment must successfully clear all processing and fraud review periods.
- Partner must maintain accurate payment and tax information.
- Partner must complete and submit a valid IRS Form W-9 before commissions are released.
- Partner must have at least one successful qualifying referral payment before receiving commission payment.
- Partner must remain in compliance with this Agreement.
No commissions will be paid on the Partner’s own HelloJess account or subscription, accounts owned or controlled by the Partner, fraudulent, duplicate, refunded, or disputed accounts, or accounts created primarily for abuse, self-dealing, or commission manipulation.
HelloJess reserves the right to delay, deny, offset, reverse, or claw back commissions associated with refunded transactions, chargebacks, failed or reversed payments, fraud or suspected fraud, abusive marketing practices, policy violations, duplicate or invalid referrals, self-referred accounts, or canceled accounts.
If commissions have already been paid on transactions later determined to be invalid, refunded, fraudulent, or otherwise non-qualifying, HelloJess may deduct such amounts from future commission payments, invoice Partner for repayment, or suspend future payouts until resolved. HelloJess reserves the sole right to determine commission qualification and validity.
7. Prohibited Conduct
- No misleading earnings claims.
- No misrepresentation of HelloJess products or capabilities.
- No spam, unsolicited bulk messaging, or illegal marketing.
- No impersonation of HelloJess employees or support staff.
- No deceptive advertising tactics.
- No branded domains or social handles intended to impersonate HelloJess.
- No violation of applicable laws or regulations.
Partners are responsible for ensuring compliance with FTC advertising guidelines, TCPA regulations, CAN-SPAM regulations, and all applicable state and federal laws.
8. Marketing Materials
HelloJess may provide approved marketing materials, branding assets, scripts, videos, or promotional content. Partner agrees to use only approved branding materials, not alter trademarks or branding in misleading ways, and not create false claims or unauthorized guarantees. HelloJess may revoke marketing permissions at any time.
9. Customer Ownership & Support
All customers referred through the program remain customers of HelloJess. HelloJess retains sole authority over pricing, billing, onboarding, support, service delivery, product decisions, cancellations, and refunds.
10. No Guaranteed Earnings
HelloJess makes no guarantees regarding income, commissions, customer conversion rates, or business success. Any earnings examples or projections are illustrative only. Partner acknowledges that results may vary significantly.
11. Confidentiality
Partner may receive confidential business information including pricing structures, commission details, software systems, onboarding processes, and internal marketing strategies. Partner agrees not to disclose confidential information to third parties without written consent.
12. Intellectual Property
HelloJess, HelloJess branding, logos, trademarks, software, marketing materials, and related intellectual property remain the exclusive property of Elite Digital Media LLC. No ownership rights are transferred under this Agreement.
13. Termination
Either party may terminate participation at any time. Upon termination, referral links may be deactivated, access to partner materials may be revoked, and unpaid commissions may be forfeited in cases involving fraud or material violations. Unless otherwise agreed in writing, commissions end when the customer cancels, the customer becomes inactive, or the Partner is terminated for cause.
14. Limitation of Liability
To the fullest extent permitted by law, HelloJess shall not be liable for indirect damages, lost profits, lost business opportunities, consequential damages, service interruptions, or third-party platform outages. Total liability under this Agreement shall not exceed commissions paid to Partner during the previous three (3) months.
15. Modifications
HelloJess reserves the right to modify commission structures, program policies, pricing, marketing materials, platform functionality, and the terms of this Agreement. Continued participation after updates constitutes acceptance of revised terms.
16. Governing Law
This Agreement shall be governed by the laws of the State of Wyoming, without regard to conflict of law principles.
17. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding the HelloJess Partner Program and supersedes prior discussions or understandings.
18. Digital Acceptance
By submitting a HelloJess Partner Program application, checking the required agreement acceptance box, or participating in the Partner Program, Partner acknowledges and agrees that they have read and understood this Agreement, electronically accept and agree to these terms, and understand that their electronic submission constitutes a legally binding digital acceptance of this Agreement.
Partner further acknowledges that the Agreement may be presented electronically within the application process, and acceptance may require scrolling through the Agreement and affirmatively clicking an acceptance button before submission is allowed. No physical signature is required.
