AFFILIATE PARTNER PROGRAM RULES
(AUSTRALIA ONLY)

LAST UPDATED: 25 September 2025

Thank you for your interest in the On Demand Hypnosis Affiliate Partner Program.

Our goal, through working together, is to reach a wider audience, help even more people have robust mental health, and collectively enjoy the benefits of On Demand Hypnosis Sessions.

We recommend you thoroughly read the Rules of On Demand Hypnosis Affiliate Partner Program outlined below before registering for the Program.

If you have any questions, please contact us by using the Contact Form.

RULES OF ON DEMAND HYPNOSIS AFFILIATE PARTNER PROGRAM

By registering for the On Demand Hypnosis Affiliate Partner Program (hereinafter referred to as “Program”) operated by MINDVISION PTY LTD (hereinafter referred to as “MINDVISION,” “we”, “us”, or “our”), you agree to be bound by and comply with the following rules (hereinafter referred to as “Rules”), in addition to MINDVISION’s TERMS & CONDITIONS, PRIVACY POLICY and COOKIE POLICY.

Article 1: Definitions

The following definitions shall apply in these Rules:

“Affiliate Partner” means an affiliate marketing partner who is registered to participate in the Program, and does NOT mean a person or entity who has a business partnership (e.g., general partnership, limited liability partnership) relationship with MINDVISION.
"Australian Consumer Law" means the consumer protection law set out in Schedule 2 of the Competition and Consumer Act 2010 of Australia.

“Customer” refers to a person who views Marketing Media.

“Marketing Media” refers to an Affiliate Partner’s marketing materials, website, blog, social media page, online video channel, etc.

"Personal Information" means information or an opinion about an identified individual, or an individual who is reasonably identifiable, as defined under the Privacy Act 1988 as amended by the Privacy and Other Legislation Amendment Act 2024 of Australia.

"Regulatory Authority" means any Australian federal, state, or territory government agency, commission, or authority with jurisdiction over affiliate marketing, consumer protection, privacy, taxation, telecommunications, or any other aspect of the Program.
“Products, etc.” refers to products and services available for sale on the Website.

“Program” refers to the On Demand Hypnosis Affiliate Partner Program operated by MINDVISION, in which MINDVISION assigns a unique Referral Link to an Affiliate Partner and pays Referral Commission to the Affiliate Partner in exchange for an order placed by a Customer for a Product, etc. as a result of such unique Referral Link posted in the Affiliate Partner’s Marketing Media being clicked by the Customer.

“Referral Commission” refers to commission credited for actual sales generated as a result of a Referral Link being clicked by a Customer.

“Referral Link” refers to a unique URL specific to an Affiliate Partner that is designed to track actual sales generated as a result of referrals from the Affiliate Partner.

“Website” refers to www.ondemandhypnosis.com.

Article 2: Registration

You must be 18 years of age or older to participate in this Program.

To register for this Program, you must provide your full name and email address by filling out our online application form.

You will receive an email confirmation of your registration for the Program when your application has been approved.

You understand and agree that we may accept or reject your application at our sole discretion for any reason.

We may re-evaluate your application at any point in time.
By participating in the Program, you warrant that you hold all necessary licenses, permits, and registrations required under applicable Australian law to conduct your promotional activities.

You must hold a valid Australian Business Number (ABN) if required under Australian taxation law and comply with all Goods and Services Tax (GST) obligations.

Article 3: Account

After successful registration, you will receive a Welcome email with your log-in credentials for accessing the dashboard of your On Demand Hypnosis Affiliate Partner Program account (“Account”).

You will be required to set a password associated with your username for logging in to your Account.

(a) Security of your Account

You can create and use one Account only.

You must NOT share your username and password with anyone.

It is your responsibility to keep your username and password secure; you must protect your username and password, including restricting access to your computer, mobile phone or any other device, as you are solely responsible for any and all activities that occur under your Account.

We shall not be liable under any circumstances for loss of owed Referral Commissions due to unauthorized access to your Account.

(b) Information in your Account

You are solely responsible for ensuring that your information including your email address recorded in the dashboard of your Account is at all times complete, accurate and up-to-date.

We may send communications to the email address associated with your Account, which will be deemed to have been received by you even if such email address is no longer current.

Article 4: Referral Link

The Welcome email sent to you after successful registration will also include a Referral Link specific to you.

You may receive more than one Referral Link; each Referral Link will take a Customer to a different webpage of the Website when clicked.

Referral Links are to be used by you when promoting our Products, etc. in your Marketing Media so that actual sales generated from Customers referred by you can be tracked automatically by our system for Referral Commission.

Article 5: Referral Commission

Referral Commission is credited only on actual sales generated as a result of Referral Links being clicked by Customers that are automatically tracked by our system.

The following criteria must be fulfilled for sales to qualify for Referral Commission.

(a) Qualification criteria

(i) Format and placement

Your Referral Link must be formatted and placed correctly in your Marketing Media to enable tracking by our system.
(ii) Order placement by click-through

For a sale to qualify for Referral Commission, a Customer must place an order by clicking through your unique Referral Link posted in your Marketing Media.

(iii) Full disclosure and opt-out link

You must disclose and explicitly state alongside your Referral Link in your Marketing Media that you earn commission for promoting our Products, etc.

Such disclosure must comply with Australian Consumer Law requirements for clear and prominent disclosure of material connections and must not be misleading or deceptive.

You must also ensure that all emails sent in connection with the Program includes an appropriate opt-out link.
(iv) Tracking
Customers must have browser cookies enabled for our system to automatically track your referrals from your Referral Links.

Referral Commission is NOT credited in cases where a Customer claims to have placed an order through you but the order was not automatically tracked by our system.

We are NOT responsible for tracking failures for any reason, including but not limited to tracking failures due to erroneous Referral Links or invalid QR codes generated from Referral Links, the Customer's browser cookies not working, Referral Links being blocked by the Customer's browser extension, ad-blocker or security software, etc.
The Program works on the last cookie; if you refer a Customer via your Referral Link after another Affiliate Partner has already referred the same Customer, you will receive Referral Commission for any sale generated from that Customer.

(v) Sales from genuine referrals

Referral Commission is NOT credited for self-referrals, i.e., sales generated by referring yourself.

(vi) Successful payment for order

Customer payments that are subsequently refunded, charged-back, or deemed fraudulent do NOT qualify for Referral Commissions. Where Referral Commissions have already been paid on orders that are later refunded or charged-back, we reserve the right to recover such commissions by deducting them from future Referral Commission payments or seeking direct repayment.

In cases of disputed chargebacks, we will provide you with reasonable notice and opportunity to respond before recovering Referral Commissions, except where immediate recovery is required to prevent fraud or comply with banking regulations.
Referral Commissions are credited only in cases where we have received payment for an order from a Customer referred by you.

You hereby release us from any claim for Referral Commissions if we have not received such payment from the Customer.

You accept that the crediting of Referral Commissions may be delayed due to risk analysis considerations and anti-money laundering procedures.

We reserve the right to annul any potential or accrued Referral Commissions in your Account if such Referral Commissions have been earned by fraudulent, illegal, unethical, dishonest, overly aggressive or questionable promotion and/or marketing methods or if you have breached any provisions of these Rules.

(b) Calculation method of Referral Commission

The amount of Referral Commission is equal to the amount of a qualifying order placed by a Customer referred by you (minus discounts, if any) multiplied by the Referral Commission Rate specified below.

You will NOT earn Referral Commission on any product or service that is offered free of charge.

(c) Referral Commission Rate

The Referral Commission Rate is 20%, and is subject to change at our discretion.

(d) Payment of Referral Commission

Referral Commission is processed and finalized 30 days after the order date and paid automatically around the 12th of the following month; provided, however, that if your accrued Referral Commissions fall short of the minimum transfer amount of $30.00, the amount will be carried forward and payment will be put on hold until the minimum transfer amount is reached.

(e) Statement of Referral Commission

We automatically generate and send you a statement of Referral Commissions you have earned in this Program and pay Referral Commissions according to such statement.

Queries regarding any portion of a statement must be sent by using the Contact Form in sufficient detail within 60 days of the date on the statement. You irrevocably waive any claims based on the statement after said 60-day period.

(f) Account for receiving Referral Commission

You must have a bank account to receive Referral Commissions.

We do not offer payment of Referral Commissions by any other method.

It is your responsibility to provide information on your receiving bank account in the dashboard of your Account prior to the upcoming payment of Referral Commissions and update such information if there has been any change in your bank account. We bear no responsibility whatsoever for Referral Commission payments sent to the wrong account in cases where incorrect information has been provided by you.

(g) Fees, etc. on Referral Commission

You will be responsible for and bear any and all fees, charges, taxes, transfer fees, surcharges, currency conversion fees and other expenses incurred in receiving your Referral Commissions.

Please check with your financial institution to find out if any of these expenses apply to your receiving account.

Article 6: Promotion Activities

Your main role in the Program is to market and promote our Products, etc. and introduce potential Customers to our Website.

(a) Use of Referral Links and other materials for promotion

You can use your Referral Link(s) in your Marketing Media to refer potential Customers to our Website, including creating QR codes of your Referral Links to be displayed on mobile phone screens, etc. or in print media.

We grant you a revocable, non-exclusive, non-transferable, royalty-free right to use Referral Links in your Marketing Media and use the name “On Demand Hypnosis”, "SMAP™ Hypnosis Sessions" and "Mindinfusions Therapy Sessions™" (hereinafter collectively referred to as “Name”) in generic typeface in your Marketing Media, solely for the purpose of promoting our Products, etc.

We may also provide you with promotional materials such as graphic images and banners that you can use alongside your Referral Links solely for the purpose of promoting our Products, etc. (hereinafter referred to as “Promotional Materials”).

We reserve the right to modify and withdraw Promotional Materials at any time without notice.
We may offer you an exclusive discount code for promoting our Products, etc., in addition to general discount codes available to visitors to our Website.

You may create your own materials by using information in our Website as reference to promote our Products, etc. accurately in your Marketing Media.

You agree that you will:

Use our Name and Promotional Materials solely for the purpose of promoting our Products, etc.;

NOT use Referral Links or Promotional Materials on newsgroups, chatrooms, message boards, etc. in a manner that violates their respective rules;

NOT register or use any domain name, social media account name, online video channel name, etc. that includes our NAME or any misspellings or variations of our NAME;

NOT modify our Promotional Materials without our permission; or

NOT use our NAME, Promotional Materials or any other material relating to our Products, etc. in any manner that is disparaging, defamatory or otherwise portrays our Products, etc. or MINDVISION in a negative light.

(b) Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your Marketing Media and for the accuracy of all content in your Marketing Media, including keeping information about our Products, etc. in your Marketing Media up to date.

For example, if there is any change in the pricing of our Products, etc., it is your sole responsibility to reflect such change in your Marketing Media.

We shall not be liable for any mistakes, errors, omissions, incorrect/inaccurate information in your Marketing Media.
You must ensure all promotional activities comply with Australian Consumer Law, including but not limited to prohibitions on misleading or deceptive conduct, unconscionable conduct, and false or misleading representations.

You must comply with the Privacy Act 1988 as amended by the Privacy and Other Legislation Amendment Act 2024 of Australia, including the notifiable data breaches scheme, when collecting, using, or disclosing Personal Information.

You must ensure all digital communications comply with the Telecommunications Act 1997 and Online Safety Act 2021 of Australia where applicable.

You must comply with all competition and consumer protection requirements under the Competition and Consumer Act 2010 of Australia and Australian Competition & Consumer Commission (ACCC) guidelines.

You acknowledge that our Products, etc. are wellness and relaxation products and services and must not make any therapeutic claims, medical claims, or health claims that are not substantiated or that could mislead consumers about the nature, benefits, or efficacy of our Products.

You agree to:

Allow us to monitor your Marketing Media at any time to check that you are abiding by these Rules, and notify you of any changes deemed necessary to comply with these Rules;

Comply with any request we make to you to modify or remove specific content from your Marketing Media;

Adhere to ethical marketing practices, respect intellectual property, comply with applicable laws and regulations;
Provide us with immediate written notice of any consumer complaints, regulatory inquiries, or legal proceedings relating to your promotional activities under this Program, except where such disclosure would breach attorney-client privilege or other legally protected confidential communications;

Maintain comprehensive records of all promotional activities, customer interactions, and financial transactions as required under Australian taxation and business laws;

Cooperate fully with any compliance audits, regulatory investigations, or information requests from Regulatory Authorities;

Implement and maintain appropriate cybersecurity measures to protect Personal Information and prevent data breaches;

Report any suspected cybersecurity incidents or data breaches to us within 24 hours of discovery and to relevant Regulatory Authorities as required by law; and

Ensure all promotional content complies with Australian accessibility standards where required by law.

(c) Prohibited acts

You must NOT:
Sell our Products, etc. as a reseller through any means other than by using your unique Referral Links;

Engage in spammy or deceptive promotional tactics, send junk emails or other forms of unsolicited messages, including but not limited to spamming forums, blogs, Twitter, Facebook, or other social media to market, advertise or solicit sales;

Use any method of advertising that competes or interferes with our advertising activity;

Employ any tactic that drives traffic away from our Website, social media page, online video channel, etc.;

Promote our Products, etc. to any underage person without their parental guardian's consent;
Participate in pyramid selling schemes or multi-level marketing arrangements that may contravene Australian Consumer Law;

Make misleading representations regarding GST-inclusive pricing or tax obligations;

Breach Australian advertising standards as established by the Australian Association of National Advertisers or Ad Standards;

Violate online safety requirements under the Online Safety Act 2021 of Australia including failing to remove harmful content when required;

Engage in conduct that may constitute money laundering or terrorism financing contrary to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF) of Australia;

Fail to report suspicious transactions where required under AML/CTF legislation;
Target or specifically market to vulnerable populations, including but not limited to individuals with diagnosed mental health conditions, cognitive impairments, or addiction issues, without appropriate disclaimers and safeguards;

Bid on keywords including our Name for advertising;

Interfere with the tracking of Referral Commissions;

Employ dishonest marketing tactics (e.g. click-baiting, posting fake or fraudulent reviews, promoting links with misleading materials);
Make any therapeutic claims, medical claims, health claims, or representations about treating, preventing, curing, or diagnosing any medical condition, disease, or health issue;

Make claims that our Products are endorsed by or recommended by medical professionals, healthcare providers, or government bodies without proper substantiation;

Use testimonials or endorsements that are not genuine, that have been incentivized without disclosure, or that make unsubstantiated claims about health benefits;
Make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right of MINDVISION or anyone else;

Misrepresent or embellish the relationship between you and MINDVISION in any manner;

Copy, resemble or imitate the design, domain name (including sub-domains), or the “look and feel” of our Website, social media page, online video channel, etc. or otherwise give the impression that your Marketing Media is endorsed by or is a part of our Website, social media page, online video channel, etc.;

Claim that we endorse or sponsor you;

Misrepresent or exaggerate the features or functions of our Products, etc.;

Make false claims about our Products, etc.;

Make any medical claims with respect to our Products, etc. (e.g, our Products, etc. can “cure” illnesses, etc.);

Make any statements that may disparage or impair the brand image of our Products, etc. and/or MINDVISION;

Promote our Products, etc. on a discount website or coupon website;

Use artificial intelligence tools or automated systems to replicate, recreate, or generate content substantially similar to our copyrighted materials or branding;

Circumvent, disable, or interfere with any technical protection measures, digital rights management systems, or security features protecting our intellectual property;

Screenshot, record, or otherwise capture our digital content except as expressly permitted in writing;

Use cookie stuffing techniques or click-generators that set the tracking cookie without the Customer actually clicking on the Referral Links;

Breach any privacy laws in connection with your promotional activities, including collecting Personal Information without consent or failing to provide required privacy notices;

Engage in conduct that contravenes any provision of Australian Consumer Law or other applicable consumer protection legislation; or
Otherwise act in an inappropriate manner.

You must NOT promote our Products, etc. in Marketing Media containing:

Spyware, malware, virus, or any program/application not expressly and knowingly authorized by Customers prior to being downloaded or installed on their computer, mobile phone or other electronic device;

Content, images, videos, references, materials, information, links, banners, etc. (hereinafter collectively referred to as “Content, etc.”) that are of illegal, hateful, defamatory, abusive, violent, sexually explicit, offensive, obscene or pornographic nature;

Content, etc. related to gambling, including but not limited to sports betting, poker, and online casinos;

Expression of religious and/or political viewpoints;

Content, etc. advocating discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, political beliefs, etc.;

False or misleading information;

Invalid discount codes; or

Any other Content, etc. that is deemed inappropriate by MINDVISION.

If you are deemed to have performed any prohibited act, you will be required to rectify the breach immediately.
We reserve the right to suspend your Account and withhold commission payments pending rectification of any breach.
Without prior notice, you may be permanently banned from the Program and all of your Referral Commissions may be forfeited for serious breaches including but not limited to regulatory violations, consumer protection breaches, or fraudulent conduct.
Your continued failure to rectify any prohibited act within the timeframe specified by us may result in legal action and claims for damages.

We reserve the right to terminate your Account or otherwise deny you access at our sole discretion without notice and without liability.

Article 7: Monitoring Rights

We reserve the right to monitor, audit and review your Marketing Media and promotional activities at any time to ensure compliance with these Rules and applicable laws.

You agree to provide reasonable cooperation with any compliance audit, including providing access to relevant records and answering reasonable inquiries about your promotional practices.

We may require immediate removal or modification of any promotional content that we determine, at our sole discretion, violates these Rules or applicable laws.

Article 8: Intellectual Property Rights

MINDVISION shall retain all rights, title and interest (including all copyright, trademark and other intellectual property rights) with respect to our Name, Promotional Materials, Products, etc., Website, business methods, commission structures, customer data, marketing analytics, and all other proprietary information and trade secrets.

Copyright:

You must not reproduce, distribute, publicly display, publicly perform, or create derivative works from any copyrighted material owned by MINDVISION or third parties without proper licensing and written authorization.

You warrant that you have obtained all necessary rights, licenses, and permissions for any copyrighted material (including but not limited to images, music, videos, text, graphics, or other creative works) used in your Marketing Media.

You must not screenshot, record, or otherwise capture our digital content except as expressly permitted in writing by MINDVISION.

All promotional content must comply with fair dealing limitations under Australian copyright law and fair use provisions under international copyright laws.

Trademarks:

You may not register, attempt to register, or use any domain names, social media handles, business names, or other identifiers that incorporate our trademarks or any confusingly similar variations thereof in any jurisdiction worldwide.

Use of our trademarks must comply strictly with our brand guidelines and approved usage formats, which may be updated from time to time.

You may not use our trademarks in meta tags, keywords, search engine optimization, or in any manner that could cause confusion about source, origin, sponsorship, or endorsement.

You may not use our trademarks in ways that could dilute their distinctive character or harm their reputation.

Trade Secrets and Confidential Information:

You acknowledge that commission structures, promotional strategies, business methods, customer analytics, marketing data, and other proprietary business information constitute valuable trade secrets and confidential information of MINDVISION.

You agree to maintain strict confidentiality of all proprietary information and not to disclose, use, or exploit such information except as expressly authorized under these Rules.

This confidentiality obligation survives termination of these Rules indefinitely, except where disclosure is required by law or court order, in which case you must provide us with reasonable advance notice where legally permissible.

Technical Protection Measures:

You must not circumvent, disable, or interfere with any technical protection measures, digital rights management systems, or security features protecting our intellectual property.

You may not use artificial intelligence tools or automated systems to replicate, recreate, or generate content substantially similar to our copyrighted materials.

International Compliance:

You must comply with all applicable international intellectual property laws, including but not limited to the Digital Millennium Copyright Act (DMCA), EU Copyright Directive, and Berne Convention requirements.

You agree to promptly respond to any takedown notices or IP enforcement actions related to your promotional activities.

You are solely responsible for ensuring that your reviews, product descriptions, articles, etc. in your Marketing Media comply with all applicable copyright, trademark and other intellectual property right laws.

Infringement of intellectual property rights may result in legal action.

MINDVISION shall not be liable or responsible if you use another party's copyrighted material in violation of the law.

Intellectual Property Monitoring:

We reserve the right to monitor your use of our intellectual property and review your Marketing Media.

You agree to immediately cease any use of our intellectual property upon written notice from MINDVISION or our authorized representatives.

Any unauthorized use of our intellectual property may result in immediate termination of your participation in the Program and forfeiture of all accrued Referral Commissions.

Article 9: Compliance

You must not use the Program for any illegal or unauthorized purpose.

You must comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (hereinafter collectively referred to as “Laws, etc.”), regardless of whether such Laws, etc. are now in effect or later come into effect during the time you are a participating in the Program, including during the application process.
You must comply with comprehensive Australian regulatory requirements as detailed in Article 6 (b), including but not limited to Australian Consumer Law, privacy legislation, taxation obligations, and industry-specific regulations.

You must implement appropriate measures to ensure ongoing compliance with the notifiable data breaches scheme under the Privacy Act amendments, including incident response procedures and breach notification protocols.

Your failure to comply with any of the above will lead to your immediate ban from the Program and annulment of all of your Referral Commissions.

Article 10: Discontinuation of Program Participation
You may discontinue your participation in the Program by giving written notice to us, in which case you shall remove all Referral Links, Name and Promotional Materials from your Marketing Media to cease the promotion of our Products, etc. within seven days of said written notice.

A final Referral Commission payment (if applicable) will be made on the next Referral Commission cycle following said written notice.
We may immediately terminate your participation in the Program without notice in cases of serious breach, regulatory violation, or where continuation of your participation may expose us to legal liability or regulatory action.
For all other terminations, we will provide seven (7) days written notice.

Where immediate termination occurs due to serious breach, any unpaid Referral Commissions may be forfeited.

For standard terminations with notice, final Referral Commission payments will be processed according to our normal payment schedule.

Article 11: Representations and Warranties

You hereby represent and warrant to MINDVISION that:

You have full rights, power, and authority to accept and be bound by these Rules and perform your obligations under these Rules, without the approval or consent of any other party;

You have all rights and authority necessary to own, operate and use your Marketing Media (including any associated domain names) and to include Referral Links and other materials in your Marketing Media;
You hold all necessary licenses, registrations, and permits required to conduct your promotional activities under applicable Australian law, including ABN/GST registration where required;

You will comply with all applicable laws, including Australian Consumer Law, privacy legislation, and industry-specific regulations;

You will not engage in any conduct that could reasonably be expected to damage our reputation or expose us to legal liability;

You have obtained all necessary rights, licenses, clearances, and permissions for any intellectual property used in your Marketing Media and warrant non-infringement of third-party rights;

You have not and will not register any domain names, trademarks, or business names that incorporate or are confusingly similar to our intellectual property in any jurisdiction worldwide;

You are not subject to any sanctions, embargoes, or other restrictions that would prohibit your participation in the Program;

If you are a foreign person or entity, you have obtained all necessary approvals and will comply with all international tax obligations relevant to your participation; and

You have no authority to make or accept any offers or representations on MINDVISION’s behalf.

Article 12: Modification, etc. of Products, etc.

MINDVISION may modify or withdraw the Products, etc. without notice at any time, at our sole discretion, including but not limited to changing the price, description, presentation, package, design, content, structure, composition and/or availability of the Products, etc.
Where such modifications materially affect affiliate promotional obligations or Referral Commission eligibility, we will provide reasonable notice to allow affiliates to update their Marketing Media accordingly.

Article 13: Modification of the Rules

MINDVISION reserves the right to modify these Rules at any time, at our sole discretion.

Such modification may include, but are not limited to, changes in the registration procedures, eligibility criteria, Referral Commission Rate, payment schedule/method/frequency.

In the case of a major modification that may significantly affect your benefits under the Program, we will give you thirty 30 days’ notice (hereinafter referred to as “Modification Notice Period”) by sending you an email to the email address provided by you.

If you choose not to accept such modification, you may remove all Referral Links and all Promotional Materials from your Marketing Media to cease the promotion of our Products, etc.

Continued use of the Referral Links and Promotional Materials in your Marketing Media after any such modification shall constitute your consent to such modification.

You can review the most current version of the Rules at any time at: https://www.ondemandhypnosis.com/au/affiliate-partner-program/rules

We reserve the right to change, suspend or terminate the Program at any time.
We may implement immediate modifications without notice where required to comply with changes in applicable laws or to address urgent compliance or legal issues.

Article 14: Relationship between you and MINDVISION

These Rules do not create or suggest any joint venture, partnership, agency, franchise, sales representative, or employment relationship between you and MINDVISION.
Both parties are independent contractors in this relationship.

Neither party is a legal representative or an agent of the other party.

Neither party may assume or create any obligation, representation, warranty or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.

You must NOT make any statement, on your Marketing Media or anywhere else, that contradicts or may contradict this provision.

Article 15: Disclaimer

We make no express or implied warranties or representations with respect to the Program, its availability, the accuracy and completeness of its tracking and reporting system, or your potential to earn income from the Program.

The Program is provided on an "as is" basis.

Article 16: Limitation of Liability

To the extent permitted by law, we exclude all warranties and conditions that are not expressly set out in these Rules.
Nothing in these Rules excludes, restricts, or modifies any guarantee, warranty, term, or condition, right or remedy implied or imposed by Australian Consumer Law or any other applicable law where such exclusion, restriction, or modification would be unlawful.

Subject to the above, in no event shall we be liable to you for indirect, incidental, consequential, special or exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of or unauthorized access to information incurred by you arising out of these Rules, even if we have been advised of the possibility of such damages.

Subject to applicable law, in no event shall our cumulative liability to you arising out of or related to these Rules exceed the total amount of Referral Commissions paid or payable to you under this Program in the twelve (12) months immediately preceding the claim.

Where our liability cannot be excluded by law, our liability is limited, to the extent permitted by law, to re-supplying the Products, etc. or paying the cost of having the Products, etc. supplied again.
In no event shall we be liable to you for indirect, incidental, consequential, special or exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of or unauthorized access to information incurred by you arising out of these Rules, even if we have been advised of the possibility of such damages.

In no event shall our cumulative liability to you arising out of or related to these Rules exceed the total amount of Referral Commissions paid or payable to you under this Program.

Article 17: Indemnification

You agree to indemnify, defend and hold harmless MINDVISION and its officers, directors, employees, contractors, representatives, agents, licensors, attorneys, successors, and assignees against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of these Rules, including any representation, warranty, covenant, restriction or obligation made by you herein, (ii) any misuse by you, or by a party under your reasonable control or obtaining access through you, of the Program, or (iii) any regulatory breach, consumer complaint, or violation of applicable laws arising from your promotional activities, (iv) any intellectual property infringement claims arising from your promotional activities, including but not limited to copyright infringement, trademark infringement, or trade secret misappropriation, (v) any claims related to your use of third-party copyrighted materials, images, music, or other intellectual property in your Marketing Media, or (vi) any claim related to your Marketing Media, including but not limited to the content on such Marketing Media.
You specifically indemnify MINDVISION against any DMCA takedown notices, copyright infringement claims, trademark disputes, or other intellectual property enforcement actions arising from your promotional activities, provided that we notify you promptly of any such claims and allow you reasonable opportunity to defend or settle such claims.

This indemnification obligation shall survive termination of these Rules.

Article 18: Force Majeure

We shall not be liable for any failure to perform our obligations under these Rules where such failure results from circumstances beyond our reasonable control, including but not limited to acts of God, government actions, technical failures, or other force majeure events.

We will make reasonable efforts to minimize the impact of such events and resume normal operations as soon as practicable.

Article 19: Waiver

No failure or delay by us in exercising any right under these Rules shall operate as a waiver of that right.

Any waiver must be in writing and signed by our authorized representative.

Article 20: Severability

In the event that any provision of these Rules is determined to be invalid, void or unenforceable, such provision shall be deemed severable from these Rules, and such determination shall not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.

Article 21: Assignability

You may not assign your rights or obligations under these Rules to anyone, and any attempt to do so will be void and without effect.

We are free to assign these Rules.

Article 22: Entire Agreement

These Rules constitute the entire agreement between you and MINDVISION and govern your use of the Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and MINDVISION relating to the Program (including but not limited to any prior versions of the Rules).

Article 23: Governing Law and Jurisdiction

These Rules shall be exclusively governed by and interpreted in accordance with the laws of New South Wales, Australia.

Article 24: Dispute Resolution Process

For disputes arising under these Rules, the following structured process applies:

(a) Internal Resolution: You must first attempt resolution through our internal review process by submitting a detailed written complaint to us within 30 days of the dispute arising;

(b) Escalated Internal Review: If internal resolution fails within 14 days, the matter will be escalated to senior management for review within a further 14 days;

(c) Alternative Dispute Resolution: If internal processes fail within 60 days total, disputes shall proceed to mediation under the Law Society Mediation Program of the Law Society of New South Wales, Australia, with costs shared equally between the parties;

(d) Expedited Resolution: For urgent matters including regulatory compliance, intellectual property infringement, or matters requiring immediate injunctive relief, either party may bypass the above procedures and proceed directly to court;

(e) Litigation: Any litigation shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Article 25: Contact

You may contact us by using the Contact Form.