Mindful Glimpses Partner Program Terms of Service

Last Updated: January 9, 2024

Mindful Glimpses is a mobile app that is provided by Natural Wakefulness Center (“NWC”), a 501(c)(3) Public Charity, which provides users with meditation instruction and information (the “Mindful Glimpses Service”). The Mindful Glimpses Partner Program (“MG Program”) provides you (“you” or “Partner”) with specific training and resources about the Mindful Glimpses Service to encourage and enable your participation in the Mindful Glimpses Partner Program (as described below) and interaction with existing and prospective users of the Mindful Glimpses Service (“Mindful Glimpses Customers”). Your participation in the Mindful Glimpses Partner Program is subject to these Mindful Glimpses Partner Program Terms (the “Program Terms”).

Please make sure that you read and understand the Program Terms. The Program Terms are a legal agreement between you, the Partner, and NWC that specifically govern your participation in the Mindful Glimpses Partner Program. By participating in the Mindful Glimpses Partner Program, you are agreeing to the Program Terms. If you do not agree to the Program Terms, do not participate in the Mindful Glimpses Partner Program.

We may, at any time, modify the Program Terms. If we modify the Program Terms, we will post our modified Program Terms on our website (“Mindful Glimpses Website”) or through the Mindful Glimpses Partner Program. If you do not agree to the new program terms (or cannot comply with), you may not join the Mindful Glimpses Partner program and/or will have your membership terminated.

Mindful Glimpses Partner Program Outline

Program Requirements: to become part of the Mindful Glimpses Partner Program, you must be approved by NWC.

Payment Terms: You’ll earn commissions and accrue rewards from the 1st to the final day of a month. Please note that within 14 days of the purchase date, new customers are eligible for a full refund or to cancel their subscription without being charged (the “Trial Period”). A sale is considered eligible for commission after the Trial Period has passed and a request for refund was not made within the Trial Period. Taking this into account, a sale is credited to you once the new customer’s paid service subscription has been active for 14 days and is therefore no longer eligible for a refund. We pay out your rewards within ten business days of the last day of any given month. You must have accumulated at least $25 in rewards in order to receive a payout. Otherwise, this amount will continue to appear as pending until you earn enough rewards to be eligible for the next payout.

Referrals

NWC uses ThriveCart to manage our Mindful Glimpses Partner Program. Within this portal, you can generate a unique Mindful Glimpses referral link that you can provide to your clients or others who may wish to sign up for Mindful Glimpses Services through you (“Referral Page”). Your ThriveCart account will also include MG Program brand assets to help you with promotions.

Additional Terms and Conditions

Our Terms of Service, Privacy Policy, and other terms and conditions applicable to subscribers of the Mindful Glimpses Service, each of which is currently published at Natural Wakefulness Center-owned websites (collectively, the “Standard Terms”), are incorporated and made part of these Program Terms. You hereby agree to all applicable Standard Terms. If there is a conflict between these Program Terms and the Standard Terms, the Standard Terms will control. You may also be subject to additional terms and conditions that may apply when you use third-party content, third-party services or third-party software. You acknowledge that the Terms of Service, Privacy Policy, and other terms and conditions applicable to subscribers of the Mindful Glimpses Service may be modified by NWC from time to time.

Materials

You may be provided with one or more logo(s) or other resources for use in accordance with these Program Terms and the license below (“Program License”). In addition to the Program Licence, you may be provided with other materials, such as software, promotional materials, training documentation and methodologies, coupons or discounts for Mindful Glimpses Customers or prospects, and other materials that you can use for promoting the Mindful Glimpses Service and to assist in promoting your activities as an Partner (the “Mindful Glimpses Materials”).

License to Material

As long as you continue to comply with these Program Terms and participate in the MG Program, NWC hereby grants you a personal, limited, revocable, non-exclusive, non-transferable license for the sole and exclusive purpose of promoting the Mindful Glimpses Service and the MG Program as a member of the MG Program, to: (a) use the Mindful Glimpses Materials, (b) distribute those Mindful Glimpses Materials as designated for public distribution by NWC, and (c) use the Program License in accordance with these Program Terms, subject to the examples below.

Approved Uses

• Use any promo materials from the partner portal and request missing materials.
• Place your referral link in any kind of Mindful Glimpses review or vendor comparison that reflects your opinion.
• Promote Mindful Glimpses on your social media channels.
• Place approved Mindful Glimpses banners on your site and remove them any time.

 

Not Approved Uses

• Use your referral link on a coupon, promo, or deal site as well as adult, dating or any site that promotes illegal content.
• Promote Mindful Glimpses via Paid Search Placement in any search engine.
• Use “Mindful Glimpses,” “NWC,” or any other NWC-copyrighted materials in your domain/personal branding. i.e. www.MindfulGlimpsesproductivityconsulting.com is not approved; however within url for dedicated landing page is ok, www.productivityconsulting.com/MindfulGlimpses
• Use your own banners promoting Mindful Glimpses without approval
• Refer your own account to get commissions.
• Send your referral links in unsolicited mail batches.

Termination and Change

These Program Terms will continue until terminated.

1. You may terminate these Program Terms at any time and for any reason by (a) removing all references to your participation in the MG Program on any website, social media site, or other publicly available advertising or other media, (b) stop using all Mindful Glimpses Materials provided for purposes of your participation in the MG Program
2. We may terminate or suspend your access to the MG Program at any time and for any reason with or without notice and without liability, including if you are no longer eligible for the MG Program, we discontinue the MG Program, we reasonably believe that you have violated these Program Terms, or we reasonably believe that you have created any risks to us, Mindful Glimpses Customers or any other person. Upon termination rights and license to material shall immediately terminate. You will also immediately remove all Mindful Glimpses Materials from any publicly available websites or materials.
3. Any modifications to the Program Terms will be communicated to you via email whereby you’ll have 30 days to accept or decline the new terms. Declining will result in the termination of your participation in the MG Program.

No Expansion of Obligation

You acknowledge that NWC’s obligations to Mindful Glimpses Customers are set forth in Mindful Glimpses’s Standard Terms. You are not allowed to make any representation, warranty or promise for or on behalf of NWC, or otherwise obligate NWC in any manner (contractually or otherwise), to any of your clients or any other person. You will be legally responsible for any person acting for you or on your behalf.

Legal Compliance

You agree to comply with all applicable federal, state and local laws and regulations, in the conduct of your consulting and other activities relating to the Programs.

Product Rights

NWC will own all right, title and interest in and to all information that is created or collected in the operation of the Mindful Glimpses Website including, without limitation: (i) any contact information collected from any Mindful Glimpses Customer (the “Contact Information”); and (ii) any information collected about product or services sales at the Mindful Glimpses Website generated through the Referral Page (the “Sales Information”). NWC may make certain Sales Information available online to the Partner from time to time. Partner will not disclose any Sales Information to any third party without NWC’s prior written approval and not use such Sales Information without the written approval of NWC.

Indemnification

You shall indemnify and hold harmless NWC, its affiliates and its and their respective directors, officers, employees and shareholders (“Indemnitees”) from and against any and all loss, damage, injury, liability, claims, costs and expenses arising from or relating to (i) any act or omission by you in the performance of your services, including without limitation any personal injury, death or damage to personal property, and (ii) any breach of these Program Terms, including any applicable addenda, attachments or other between you and NWC. Such indemnity shall apply regardless of whether liability without fault is imposed or sought to be imposed on one or more of the Indemnitees, except to the extent such loss, damage, injury, liability or claim is the result of the active negligence or willful misconduct of the Indemnitee and is not contributed to by any act of, or by any omission to perform some duty imposed by law or contract on, you.

Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NWC HEREBY DISCLAIMS ALL WARRANTIES IN CONNECTION WITH THE PROGRAMS, MINDFUL GLIMPSES SERVICES, PROGRAM MATERIALS AND NWC PROPERTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NWC DOES NOT WARRANT THAT THE PROGRAMS, THE MINDFUL GLIMPSES SERVICES, PROGRAM MATERIALS OR ANY ASPECT THEREOF WILL MEET ALL OF YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE MINDFUL GLIMPSES SERVICES OR THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER NWC NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING UNDER ANY CAUSE OF ACTION. NOTWITHSTANDING ANY ENTITLEMENT UNDER APPLICABLE LAW, YOU ACKNOWLEDGE THAT YOU: (I) HAVE NO EXPECTATION AND HAVE NOT RECEIVED ANY ASSURANCE THAT ANY INVESTMENT IN THE PROGRAMS WILL BE RECOVERED OR RECOUPED OR THAT YOU WILL OBTAIN ANY PROFIT AS A RESULT OF PARTICIPATING IN THE PROGRAMS. WE SHALL NOT BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE PROGRAM, THE MINDFUL GLIMPSES MATERIALS OR THE MINDFUL GLIMPSES SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO NWC OR CONTENT OR PROGRAMS ACCESSED THROUGH NWC. YOUR USE OF THE PROGRAMS AND ANY RELATED PRODUCTS OR SERVICES IS AT YOUR OWN RISK. NWC’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATING TO THIS AGREEMENT IS LIMITED TO $0.

Miscellaneous

1. The language in the Program Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting the Program Terms.
2. If any provision of the Program Terms is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of the Program Terms shall remain in full force and effect. If any provision of the Program Terms is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible.
3. No waiver of any provision of the Program Terms shall constitute a continuing waiver, and no waiver shall be effective unless made in a signed writing.
4. Notices and other communications to you, as required or permitted to be given hereunder, that are posted on the Mindful Glimpses Website and/or otherwise emailed to the email address provided in your application, shall be deemed effective upon posting or emailing.
5. Each party hereby represents that it has the authority and capacity to enter into this agreement, including that all individuals agreeing to the Program Terms are 18 years of age or older.
6. The Program Terms constitute the entire agreement between NWC and Partner and govern participation in the MG Program, superseding any prior or contemporaneous agreements between NWC and Partner.