myBrainCo® Affiliate Program – Terms & Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND myBrainCo (myBrainCo Inc).
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
Closed Pay-Per-Click Policy
myBrainCo does not permit pay-per-click (PPC) advertising. This includes bidding on brand terms, product names, variations, and misspellings. You are not authorized to use myBrainCo’s domain as the display URL in any paid search activity on any search engine.
Coupon Affiliates Policy
Coupon affiliates are permitted under the following conditions:
Only coupons issued directly by myBrainCo via the AWIN network may be promoted.
Affiliates may only advertise or promote offers that clearly state the actual discount applied with a coupon. For example, if a $100 product has a 10% coupon, you must state: “Get this product for $90 with a 10% off coupon.”
Use of unauthorized, scraped, expired, or fabricated coupon codes is prohibited. Any such activity will result in the reversal of commissions for that month and may result in immediate termination.
Coupon misuse, including use of codes issued via consumer newsletters, retail cards, or direct mail promotions, will result in forfeiture of all commissions.
General Terms and Conditions
1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the myBrainCo Affiliate Program. The purpose of this Agreement is to allow linking between your website and the myBrainCo website via approved affiliate links provided through AWIN.
2. Affiliate Obligations
2.1. To begin the enrollment process, you must apply via the AWIN platform. Approval of your application does not prevent us from reevaluating it at any time. We may reject or terminate applications at our sole discretion if your site is deemed unsuitable, including if it:
Promotes sexually explicit materials, violence, discrimination, or illegal activities.
Infringes intellectual property rights or violates applicable law.
Includes “myBrainCo” or any variation/misspelling in your domain name.
Is unlawful, defamatory, obscene, harassing, or otherwise objectionable.
Uses software or methods designed to divert commissions.
Mimics the look and feel of myBrainCo’s websites, misleading customers into believing you are myBrainCo.
Targets customers outside of the United States.
2.2. You must use the HTML code provided via AWIN for all links, banners, and tracking.
2.3. myBrainCo reserves the right to review affiliate link placements and request changes at any time.
2.4. Affiliates are responsible for maintaining up-to-date sites and content.
2.5. Affiliates must comply with all applicable copyright, trademark, privacy, and intellectual property laws.
2.6. Affiliates must comply with the Federal Trade Commission (FTC) guidelines on endorsements and disclosures, ensuring all affiliate relationships are clearly disclosed. Non-compliance may result in termination.
3. myBrainCo Rights and Obligations
3.1. We reserve the right to monitor your site and request changes.
3.2. We may terminate your participation immediately in cases of fraud, abuse, or program violations.
3.3. This Agreement begins upon acceptance of your application and continues until terminated.
4. Termination
Either party may terminate this Agreement at any time, with or without cause, via written notice (including email).
5. Modification
We may modify these Terms at any time at our sole discretion, including changes to commission structures and program rules. Continued participation indicates acceptance of modifications.
6. Commission Eligibility & Payment
Commissions are calculated on the net product value only (excluding VAT/sales tax, shipping, credit card fees, handling fees, or other service charges).
Commissions are not paid on: cancelled, returned, fraudulent, duplicate, employee/self-purchases, subscription rebills, or out-of-stock orders.
Only orders shipped to customers in the United States are commissionable.
myBrainCo uses AWIN for tracking and payment. Please refer to AWIN’s own terms for payment cycles.
6.1 Commission Groups
To ensure fairness and alignment with marketing practices, myBrainCo applies different commission rates depending on the affiliate type:
Content & Influencers – Blogs, reviews, editorial partners, creators, and influencers. Standard commission: 15% of validated sales.
Voucher/Coupon/Other Affiliates – Sites primarily promoting discount codes or cashback. Commission: 5%, unless otherwise agreed in writing.
Direct Linking/PPC – Prohibited under Section 8.2 unless explicitly pre-approved by myBrainCo. Any approved activity will fall under the Voucher/Coupon commission structure by default.
myBrainCo reserves the right to review and reassign affiliates to the most appropriate commission group at its sole discretion.
7. Affiliate Account Interface
You will have access to AWIN’s affiliate dashboard to track performance, commissions, and links.
8. Promotion Restrictions
8.1. No spamming, unsolicited bulk emails, or advertising practices that misrepresent identity.
8.2. No PPC bidding on myBrainCo brand terms, domains, product names, or variations/misspellings.
8.3. No cookie stuffing, masked URLs, forced redirects, or doorway pages.
8.4. No “parasiteware,” pop-ups, toolbars, or software that overwrites affiliate tracking cookies.
8.5. No cybersquatting or typosquatting on myBrainCo-related domains.
8.6. No unauthorized coupon codes, false claims, or unapproved discounts.
8.7. Affiliate activity is restricted to the United States only. Orders or traffic outside the US will not qualify.
9. Grant of Licenses
Affiliates are granted a limited, non-transferable license to use approved myBrainCo trademarks and creative assets solely for program participation. All rights remain with myBrainCo.
10. Disclaimer
myBrainCo makes no express or implied warranties regarding the affiliate program, website, or products, including but not limited to merchantability, fitness for purpose, or uninterrupted operation.
11. Representations and Warranties
You represent that you have full authority to enter into this Agreement and that it is legally binding upon you.
12. Limitations of Liability
myBrainCo shall not be liable for indirect, incidental, or consequential damages, and liability shall not exceed total commissions paid to you under this Agreement.
13. Indemnification
You agree to indemnify and hold harmless myBrainCo, its affiliates, officers, employees, and agents against all claims, damages, and liabilities arising from your participation in the program.
14. Confidentiality
All confidential business or customer information exchanged will remain the property of the disclosing party and must not be disclosed without written permission.
15. Miscellaneous
15.1. Affiliates are independent contractors. Nothing in this Agreement creates a joint venture, agency, or employment relationship.
15.2. This Agreement is governed by the laws of the State of Queensland.
15.3. This Agreement represents the entire agreement between parties and supersedes all prior communications.
15.4. If any provision is found invalid, the remaining provisions remain enforceable.
