KELLY OPERATOR PROGRAM TERMS AND CONDITIONS
Effective Date: Jan 1 2026
These Terms and Conditions ("Agreement") govern participation in the Kelly Operator Program ("Program"). By submitting an application, creating an account, accepting calls, or otherwise participating in the Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Operators are engaged as independent contractors and are not employees of the Company.
Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, agency relationship, or franchise.
Operators are solely responsible for all federal, state, and local taxes, insurance, licensing requirements, and any other obligations arising from compensation earned through the Program.
To participate in the Program, Operators must:
Due to applicable laws and regulatory requirements, the Company does not accept applications from residents of California.
The Company reserves the right to reject any application for any lawful reason.
Operators who log into the system and indicate availability for calls are expected to remain available to answer incoming calls.
Failure to answer an incoming call while logged in and available may result in a missed call penalty of Four Dollars ($4.00) per missed call.
The Company reserves the right to suspend or terminate Operators who repeatedly miss calls, maintain unreliable phone service, or otherwise fail to meet performance standards.
Cell phones may be used at the Company's discretion. However, Operators acknowledge that cellular service may be unreliable.
If call quality issues, dropped calls, missed calls, or connection problems become excessive, the Company may require the Operator to utilize alternative telephone services or may suspend participation until such issues are corrected.
Operators are compensated according to the Company's published compensation schedule, which may be modified from time to time.
Calls lasting less than sixty (60) seconds are considered invalid and are not eligible for compensation.
Compensation is based upon recorded system call durations and Company records, which shall be deemed final and controlling in the event of any dispute.
Payments are generally issued each Wednesday for the previous week's eligible earnings.
All payments are made electronically. No paper checks will be issued.
Operators may be provided with a personal extension number, profile page, referral links, or other marketing tools.
For customers who join the service through an Operator's approved referral efforts, the Operator may be eligible to receive a twenty percent (20%) revenue share as determined by Company records.
The Company reserves the sole right to determine referral attribution and eligibility.
Referral commissions may be withheld, adjusted, or revoked in cases involving fraud, abuse, self-referrals, manipulation, chargebacks, or violations of Company policies.
Operators shall not:
Violation of this section may result in immediate termination and forfeiture of unpaid earnings to the extent permitted by law.
All customer information, call records, compensation information, operating procedures, software, business methods, marketing strategies, and other non-public information are confidential.
Operators agree not to disclose, reproduce, distribute, or use confidential information except as necessary to perform services under this Agreement.
This obligation survives termination of participation in the Program.
All trademarks, service marks, logos, websites, profile systems, software, content, and marketing materials remain the exclusive property of the Company.
Operators receive no ownership interest in any Company property.
The Company may suspend or terminate an Operator account at any time, with or without notice, for:
Termination shall not affect any provisions intended to survive termination, including confidentiality and indemnification obligations.
The Company makes no guarantees regarding the number of calls, customer volume, earnings, commissions, referrals, or future income.
Actual earnings will vary based upon availability, performance, customer demand, call quality, and numerous other factors.
To the maximum extent permitted by law, the Company's total liability arising out of or relating to this Agreement shall not exceed the amount of unpaid compensation owed to the Operator.
The Company shall not be liable for indirect, incidental, consequential, special, or punitive damages.
Operators agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, and affiliates from any claims, damages, liabilities, losses, costs, or expenses arising from:
The Company may modify these Terms and Conditions at any time.
Continued participation in the Program following any modification constitutes acceptance of the revised Terms.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.
These Terms and Conditions constitute the entire agreement between the Operator and the Company regarding participation in the Program and supersede all prior discussions, representations, or understandings.
By submitting an application or participating in the Program, the Operator acknowledges that they have read, understood, and agreed to these Terms and Conditions.