The MindTech Institute Affiliate Program Terms of Service

*READ IMPORTANT: Regardless if you read these terms and conditions of our affiliate program or not... by proceeding with the process it means your are agreeing to these terms and conditions and you are lawfully and legally responsible for any breach or misconduct of this agreement. Please understand that we love freedom and creativity, furthermore, these terms and conditions are set to provide the best long-term services and outcomes for all parties (the customer, you and us). Last Updated: January 2022

Agreement

By signing up to be an Affiliate in the The MindTech Institute Affiliate Program ("Program") you are agreeing to be bound by the following terms and conditions ("Terms of Service"). The MindTech Institute reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program including changing products and services prices and fees, as well as the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

DON'Ts - The followings will terminate your account! Please be aware.

The MindTech Institute, will terminate, deactivate and delete your account, and will also result in forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through doing the followings:

• Advertising using The MindTech Institute name, logos or trademarks: In plain English: Don’t use The MindTech Institute trademarks in keywords and ads. We do not allow the use of the The MindTech Institute Trademarks in advertising, including Google Ads and other search engines, social media and video banner.
• Pay-Per-Click (“PPC”) Restrictions: Unless The MindTech Institute first gives you written permission, you agree to comply with the following restrictions: You may not bid on any of our Restricted Terms (defined below), including any variations or misspellings thereof for search or content- based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network. “Restricted Terms” means any of the following terms: The MindTech Institute, The MindTech Institute college, The MindTech Institute.com, www.The MindTech Institute.com, https://themindtechinstitute.com, The MindTech Institute coupon, The MindTech Institute discount code, The MindTech Institute discount, The MindTech Institute promo code, The MindTech Institute sale, The MindTech Institute promo, The MindTech Institute sales, The MindTech Institute deals, The MindTech Institute offer, The MindTech Institute review. In other words, your keywords can not include the words "The MindTech Institute" alone or in any combination of other words (this includes keywords including the word "review"). Further to this, affiliates are also not allowed to use the terms "The MindTech Institute" in their pay per click ads.
• You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.
• Affiliates are forbidden from creating webpages, social media pages or accounts that falsely represent themselves as the creators or owners or using any of of The MindTech Institute name/s, logos and tradmarks.
• You may not use our Restricted Terms in your ad title, ad copy, and display name or as the display URL.
• You may not use any of our trademarked terms as part of the domain or sub-domain for Your Website.
• If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities and we strongly suggest you add our trademarked terms as negative keywords.
• We have a strict no tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.
• Affiliates may NOT direct prospects directly to the checkout page bypassing the The MindTech Institute website. All customers must purchase through the Exipure website.
• You may NOT copy, transcribe, paraphrase, reproduce or otherwise use in any format any video or part of video found on this website in their promotions.
• Affiliates may NOT falsely represent themselves as the creators or owners of any of our products, courses and/or services in their promotions.
• Affiliates may NOT use words such as “fraud”, “scam”, “fake”, “exposed” or similar terminology in their promotions including but not limited to, Ad content, landing pages, video and audio titles and content, written content or other metadata.
• Negative Marketing: Do NOT use negative headlines or statements mentioning The MindTech Institute or any of our products and/or services for advertisement. For example, “why you shouldn’t use …..”, “…X… reasons why you shouldn’t enroll in or study…..”, “Read this before you enroll/buy/sign up etc. in….”, “The truth about…. and why you shouldn’t use/do/buy etc.”, and similar headlines or statements. We don’t tolerate such marketing practices and We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.
• Do NOT use negative headlines or statements mentioning The MindTech Institute or any of our products and/or services for advertisement. For example, “why you shouldn’t use …..”, “...X... reasons why you shouldn’t enroll in or study…..", "Read this before you enroll/buy/sign up etc. in….", "The truth about.... and why you shouldn't use/do/buy etc.", and similar headlines or statements. We don’t tolerate such marketing practices and We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.
• Affiliates understand The MindTech Institute is solely responsible for customer service.
• All affiliates (regardless of their country of domicile) MUST be in compliance with all applicable laws, regulations, and guidelines, including without limitation the Federal Trade Commission Act (“FTC Act”), the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (“CAN-SPAM Act”), Federal Trade Commission (“FTC”) regulations and guidelines implementing the FTC Act and the CAN-SPAM Act, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (“FTC Testimonials Guide”), the National Advertising Division decisions of the Better Business Bureau, and other federal and state consumer protection laws, regulations, and guidelines.
• Affiliate agrees to indemnify, defend and hold harmless The MindTech Institute from any lawsuits, investigations, claims, or complaints arising from any such violation or alleged violation of the terms above. The MindTech Institute shall not be responsible to approve any Affiliate Ads. Compliance is solely with the Affiliate and the Affiliate represents and warrants that it shall have legal review of all Affiliate Ads for all necessary and required compliance. Affiliates take full responsibility for their advertising.

  *** Any affiliate caught breaking any of these terms will be banned immediately without hesitation, and will not be eligible for reinstatement. ***

Account Terms

• You must be 18 years or older to be part of this Program.
• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person - a single login shared by multiple people is not permitted.
• You are responsible for maintaining the security of your account and password. The MindTech Institute cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• One person or legal entity may not maintain more than one account.
• You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You may not use the Affiliate Program to earn money on your own The MindTech Institute product accounts.

Anti-Spam Policy

The MindTech Institute strictly prohibit its affiliates from using spam e-mail and other forms of Internet abuse (including forum spam and blog spam) to seek sales. Spam is defined as including, but not limited to, the following: Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription; Messages posted to forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation. Content posted on free blog web sites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner. Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws. The MindTech Institute may undertake, at its sole discretion and with or without prior notice, the following enforcement actions: Account Termination: Upon the receipt of a credible complaint, administration may immediately contact The MindTech Institute to investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the account, the loss of all referrals, and the forfeiture of any unpaid money on account. For more information on what spam is, why it is bad, and what can be done about it, visit: The Responsible Internet Commerce Site www.spam.abuse.net The Mail Abuse Prevention System, LLC www.mail-abuse.org The Network Abuse Clearinghouse www.abuse.net The Coalition Against Unsolicited Commercial Email www.cauce.org

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to The MindTech Institute. We may change the design of the artwork at any time without notice, but we won't change the dimensions of the images without proper notice. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the The MindTech Institute. You must ensure that each of the links between your site and the The MindTech Institute properly utilizes such special link formats. Links to the The MindTech Institute placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to sales on a The MindTech Institute product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://themindtechinstitute.com and complete an order for a product during that session. We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Payments only begin once you've earned more than $50 in affiliate income. If your affiliate account never crosses the $50 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $50 threshold.

Identifying yourself as a The MindTech Institute Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of The MindTech Institute or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause). You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

As long as your current affiliate earning are over $50, you'll be paid each month. If you haven't earned $50 since your last payment, we'll pay you the following month after you've crossed the threshold.

Customer definition

Customers who buy products or services through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: - The technical operation of your site and all related equipment - Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site) - The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links) - Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) - Ensuring that materials posted on your site are not libelous or otherwise illegal - Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://themindtechinstitute.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. The MindTech Institute reserves the right to end the Program at any time. Upon program termination, The MindTech Institute will pay any outstanding earnings accrued above $50.

Termination

The MindTech Institute, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other The MindTech Institute service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales, marketing methods or failing to follow The MindTech Institute Affiliate Program Trademark Guidelines. The MindTech Institute reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the The MindTech Institute will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. The failure of The MindTech Institute to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The MindTech Institute and govern your use of the Service, superceding any prior agreements between you and The MindTech Institute (including, but not limited to, any prior versions of the Terms of Service).