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Terms and Conditions

To be an authorized Partner of The SmartMinds Partners Program, you agree to abide by the terms and conditions contained in this Agreement.

Please read this Agreement carefully before registering and using The SmartMinds Partners Program service as a Partner. Signing up for the SmartMinds Partners Program indicates your acceptance of this Agreement and its terms and conditions.

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Our Partners are very important to us. We do our best to treat you with the fairness and respect you deserve. We ask the same consideration of you. We have written the following Partner agreement with you in mind to protect our company's good name. So please bear with us as we take you through this legal formality.

If you have any questions, please don't hesitate to let us know. We are firm believers in straightforward and honest communication. For the quickest results, please email us at partners@smartminds.one

Best regards,

SmartMinds Enterprise

Partners agreement
Please read the entire Agreement.

You may print this page for your records.

This is a legal agreement between you and smartminds enterprises - (smartminds.One)

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.

1. Overview
This Agreement contains the complete terms and conditions that apply to you becoming a Partner in The SmartMinds Partners Program. The purpose of this Agreement is to allow HTML linking between your website and the smartminds.one website. Please note that throughout this Agreement, "we," "us," and "our" refer to smartminds.one, and "you," "your," and "yours" refer to the Partner.

2. Partner Obligations
2.1. To begin the enrolment process, you will complete and submit the online application.. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for the network, including if it:

2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
2.1.6. Includes Smartminds or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other Partners in the network.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied, in a manner that resembles our website nor design your website in a manner which leads customers to believe you are Smartminds.one or any other partnered business.

2.2. As a Partner of The SmartMinds Partners Program, you will have access to a Partners Program Account. Here you will be able to review the network's details and previously-published partner newsletters, download HTML code (that provides links to web pages within the Smartminds.one website and banner creatives, browse and get tracking codes for our coupons and deals. For us to accurately keep track of all guest visits from your site to ours, you must use the HTML code we provide for each banner, text link, or other Partner link we provide you with.

2.3. Smartminds.one reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.

2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.

3. Smartminds.one Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our website are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in The SmartMinds Partners Program..

3.2. Smartminds.one reserves the right to terminate this Agreement and your participation in The SmartMinds Partners Program immediately and without notice to you should you commit fraud in your use of The SmartMinds Partners Program or should you abuse the network in any way. If such fraud or abuse is detected, smartminds.one shall not be liable to you for any commissions for such fraudulent sales.

3.3. This Agreement will begin upon our acceptance of your Partner application and will continue unless terminated hereunder.

4. Termination
Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and The SmartMinds Partners Program rules. If any modification is unacceptable, your only option is to end this Agreement. Your continued participation in The SmartMinds Partners Program after posting the change notice or new Agreement on our site will indicate your Agreement to the changes.

6. Payment
SmartMinds uses a third party to handle all of the tracking and payment. The third party is the Stripe.

7. Access to The SmartMinds Partners Program user interface
You will create a password so that you may enter our secure Partner account interface. From our site, you will be able to receive your reports that will describe our calculation of the commissions due to you.

8. Promotion Restrictions
8.1. You are free to promote your own websites, but naturally any promotion that mentions Smartminds.one could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Smartminds.one. For example, advertising, commonly referred to as "spamming" is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Smartminds.one so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Smartminds.one so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from Smartminds.one. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in The Smartminds.one Partners Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.

8.2. Partners that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as smartminds.one, smartminds, www.smartminds, www.smartminds.one, and or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to redirecting it to ours, will be considered trademark violators, and will be banned from The Smartminds Partners Program. We will do everything possible to contact the Partners prior to the ban. However, we reserve the right to expel any trademark violator from The Partners Program without prior notice and on the first occurrence of such PPC bidding behavior.

8.3. Partners are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Smartminds service).

8.4. Partners shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Applications,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Smartminds site (i.e., no page from our site or any Smartminds.one content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of Partner and non Partner commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Smartminds site in IFrames, hidden links and automatic pop ups that open Smartminds.one site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Partner banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of The Smartminds.one Partners Program. You agree that all uses of the Licensed Materials will be on behalf of Smartminds.one, and the goodwill associated therewith will inure to the sole benefit of Smartminds.one.

9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all rights, title, and interests to its respective rights, and no right, title, or interest is transferred to the other.

10. Disclaimer
Smartminds.One makes no express or implied representations or warranties regarding smartminds.One service and website or the products or services provided therein, any implied warranties of smartminds.One ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11. Representations and Warranties
You represent and warrant that:

11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement without the approval or consent of any other party;

11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

12. Limitations of Liability
We will not be liable to you with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this Agreement, in no event shall smartminds.One cumulative liability to you arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceeds the total commission fees paid to you under this Agreement.

13. Indemnification
You hereby agree to indemnify and hold harmless Smartminds.one, and its subsidiaries and Partners, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Partners trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or another proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and Agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

14. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party. Each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Smartminds.one. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section.

15.2. Neither party may assign its rights or obligations under this Agreement to any party except to a party who obtains all or substantially all of the business or assets of a third party.

15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.

15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.

15.5. This Agreement represents the entire Agreement between you and us and shall supersede all prior agreements and communications of the parties, oral or written.

15.6. The headings and titles contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.

* I have read, understand and agree to the above terms and conditions.

Privacy Policy

This Privacy Policy of The Smartminds Partners Program describes how we may collect and use personal data and the rights granted to merchants, partners, and customers regarding their respective data.

By joining The Smartminds Partners Program, you signify your approval of the terms set out in this Privacy Policy and other terms and conditions. If you do not agree to this Privacy Policy, you must not use The SmartMinds Partners Program.

We may update this Privacy Policy occasionally to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to The SmartMinds Partners Program after these changes are posted, you agree to the revised policy.

Personal Information Controller

Any personal information provided to or gathered by SmartMinds under this Privacy Notice will be stored and controlled by SmartMinds (the data controller).

Information collected from Merchants

When a merchant uses the app, we are automatically able to access certain types of information from your Stripe account, such as email, first name, last name, and shop information (shop domain, shop currency, shop address). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, and provide you with advertising and marketing activities.

Information collected from Partners 

When a Partner signs up to join the Program, we collect some information to inform merchants, such as email, personal information, payment details, and social network information. The information would help the merchant evaluate the partner's background and potential, along with process-specific activities within the app and contact if needed.

Information collected from Customers when visiting the Smartminds website

To track referral orders, when customers visit the Smartminds website and make a purchase, The Smartminds Partners Program system will collect information of order such as total order, order items, and order ID.

About Cookies

 “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. 

Cookies are created when a user's browser loads a particular website. The website sends information to the browser, which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit allaboutcookies.org.

Because cookies allow you to take advantage of some of The SmartMinds Partners Program system’s essential features, we recommend leaving them turned on.

Information Sharing

Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with third-party service providers who we employ to process specific functions; examples include providing email marketing activity, analyzing data, and other marketing support. Third-party service providers have access to personal information only as needed to perform their functions, and they must process the personal information in accordance with this Privacy Policy.

We may also disclose your personal information to any third party with your prior consent.

Use of The SmartMinds Partners Program by Children

The SmartMinds Partners Program is not intended for children. If you are under 13, you may use the SmartMinds Partners Program only with the supervision of your parent or guardian.

Your Rights

The SmartMinds Partners Program understands that you have rights over your personal information and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you use the system and wish to exercise these rights, please get in touch with us through partners@smartminds.one. We may require that you provide us with acceptable verification of your identity before providing access to such information.

If you are a Partner and wish to exercise these rights, please get in touch with the merchant you interacted with directly — we serve as a processor on their behalf and can only forward your request to them to allow them to respond.

Contact information

If you have any questions about your personal data or this Privacy Policy, please don't hesitate to let us know. We are firm believers in straightforward and honest communication. For the quickest results, please email us at partners@smartminds.one.

* I have read, understand and agree to the above privacy policy.

CAN-SPAM Rules and Acceptance

Despite its name, the CAN-SPAM Act doesn't apply just to bulk email. It covers all commercial messages, which the law defines as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service," including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all emails – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email violating the CAN-SPAM Act is subject to penalties of up to $46,517, so non-compliance can be costly. But following the law isn't complicated. Here's a rundown of CAN-SPAM's main requirements:

Don't use false or misleading header information. Your "From," "To," "Reply-To," and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.

Don't use deceptive subject lines. The subject line must accurately reflect the content of the message.

Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you're located. Your message must include your valid physical postal address. This can be your current street address, a post office box you've registered, or a private mailbox you've registered with a commercial mail-receiving agency established under Postal Service regulations.

Tell recipients how to opt out of receiving future emails from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting an email from you in the future. Craft the notice in a way that's easy for an ordinary person to recognize, read, and understand. Creative use of type, size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn't block these opt-out requests.

Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient's opt-out request within ten business days. You can't charge a fee, require the recipient to give you any personally identifying information beyond an email address or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don't want to receive more messages from you, you can't sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you've hired to help you comply with the CAN-SPAM Act.

Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can't contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

If you have any questions about the CAN-SPAM Rules and acceptance, please visit https://www.ftc.gov/business-guidance/resources/can-spam-act-compliance-guide-business, or please don't hesitate to let us know. We are firm believers in straightforward and honest communication. For the quickest results, please email us at partners@smartminds.one

* I have read, understand and agree to the above CAN-SPAM rules.

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