Affiliate Terms and Conditions

Affiliate Terms and Conditions

Brainwave Music Affiliate Program Terms and Conditions

Introduction
Welcome to the Brainwave Music Affiliate Program (“Program”). By enrolling and participating in the Program, you (“Affiliate”) agree to comply with these terms and conditions (“Terms”) set forth by Brainwave Music (“Company”). These Terms govern your participation and outline the rights and obligations of both parties.

Affiliate Responsibilities
2.1 Compliance: Affiliate must comply with all applicable laws, regulations, and policies, including but not limited to anti-spam laws, privacy laws, and intellectual property laws. Affiliate agrees to indemnify, defend, and hold harmless Brainwave Music and its associates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from Affiliate’s violation of any laws or regulations. Brainwave Music reserves the right to take legal action against Affiliates for any non-compliance.

2.2 Prohibited Actions: Affiliate must not use bots, automated systems, or any means to manipulate or exploit the Program. Affiliate must not attempt to find loopholes, trick the system, or engage in any fraudulent activities. Brainwave Music will monitor Affiliates’ activities and use automated systems to detect suspicious behavior. If Brainwave Music suspects or is informed of any prohibited actions, the Affiliate will receive an instant ban and forfeit any payouts in their account. Brainwave Music reserves the right to determine, at its sole discretion, what constitutes a violation of this section.

2.3 Promotion: Affiliate must promote Brainwave Music products and services in a professional and ethical manner. Affiliate must not make any false or misleading claims about the Company or its products.

Marketing and Promotion
3.1 Platforms: Affiliate may promote Brainwave Music on various platforms, including but not limited to social media platforms such as Facebook, Twitter, X, YouTube, TikTok, and Telegram, subject to each platform’s terms and conditions.

3.2 Content Restrictions: Affiliate must not engage in spamming, flooding, or using unauthorized or copyrighted content. All promotional materials must be original or properly licensed and must adhere to Brainwave Music’s branding guidelines. Affiliate agrees to indemnify, defend, and hold harmless Brainwave Music and its associates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from Affiliate’s use of unauthorized or copyrighted content. Brainwave Music reserves the right to remove any infringing content and terminate Affiliate’s participation in the Program.

Affiliate Earnings
4.1 Commission: Affiliate will earn a commission on eligible sales generated through their unique affiliate link, as per the commission structure outlined in the Program. Brainwave Music reserves the right to modify the commission structure at any time.

4.2 Payouts: Payouts will be made to Affiliate according to the agreed-upon schedule, subject to meeting the minimum payout threshold. Brainwave Music reserves the right to withhold or forfeit payouts if Affiliate is suspected of violating any Terms of the Program. Brainwave Music will provide Affiliate with written notice of the suspected violation and allow Affiliate an opportunity to respond before making a final determination on withholding or forfeiting payouts.

Termination
5.1 Rights: Brainwave Music reserves the right to terminate or suspend Affiliate’s participation in the Program at any time, for any reason, with or without prior notice. Brainwave Music will provide Affiliate with written notice of the reason for termination or suspension, unless prohibited by law or if providing such notice would compromise an ongoing investigation.

5.2 Consequences: Upon termination, Affiliate will forfeit any unpaid earnings and must cease all promotional activities related to Brainwave Music.

Limitation of Liability
6.1 Indemnification: Affiliate agrees to indemnify, defend, and hold harmless Brainwave Music and its associates, directors, officers, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from Affiliate’s participation in the Program, violation of these Terms, or infringement of any third-party rights. This includes but is not limited to any claims related to unauthorized use of intellectual property, violation of privacy rights, or breach of contract.

6.2 Limitation of Liability: To the extent permitted by applicable law, Brainwave Music and its associates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) Affiliate’s access to or use of or inability to access or use the Program; (ii) any conduct or content of any third party in connection with the Program; (iii) any content obtained from the Program; and (iv) unauthorized access, use, or alteration of Affiliate’s transmissions or content.

Intellectual Property
7.1 Usage: Affiliate may use approved Brainwave Music logos, trademarks, and promotional materials solely for the purpose of promoting Brainwave Music products and services within the scope of the Program.

7.2 Ownership: Brainwave Music retains all rights, title, and interest in its intellectual property. Affiliate acknowledges that nothing in these Terms grants any rights to Brainwave Music’s intellectual property.

Miscellaneous
8.1 Modifications: Brainwave Music reserves the right to modify these Terms at any time. Continued participation in the Program after any modifications constitutes acceptance of the updated Terms. Affiliates are responsible for regularly reviewing these Terms for any changes. Brainwave Music will notify Affiliates of any changes via their registered email addresses.

8.2 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Brainwave Music operates, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in the jurisdiction where Brainwave Music has its primary place of business.

Entire Agreement
These Terms constitute the entire agreement between Affiliate and Brainwave Music concerning the Program and supersede any prior agreements or understandings.

By participating in the Brainwave Music Affiliate Program, Affiliate acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.