Any person or entity that participates or attempts to participate in Affiliate Program of Xmind Ltd. (referred to here as “We”,“Our” or “Us”) must accept this Affiliate Program Operating Agreement (the “Agreement”) without change. By registering for or using the Xmind products (referred to here as “Our product”), you agree to this Agreement and Affiliate Program participation requirements. Please read them carefully.

1. Description of the Affiliate Program

The Affiliate Program permits you to monetize your website, social media, community or online software application (referred to here as “Your Channel"), by recommending our products or services to your visitors, fans, or people you know. When there are completed qualifying purchases, you can receive program fees for these sales. The links to our products or services displayed on your channel should correctly use the specific link format provided by us and comply with the provisions of this agreement. In order to facilitate your promotions of these items or services, we may make available to you images, text, link formats, marketing content, and application program interfaces, and other information in connection with the Affiliate Program.

2. Eligibility Requirements

To be eligible for the Affiliate Program, you must:

a) Content Platform: Own or manage an active website, blog, YouTube channel, social media account, or other digital platform with regular content updates.

b) Content Quality: Produce original, high-quality content relevant to productivity, mind mapping, project management, or related topics.

c) Compliance: Agree to comply with all applicable laws, regulations, and platform terms of service.

Applications will be reviewed within 7-10 business days. We reserve the right to accept or reject any application at our sole discretion. Acceptance is not guaranteed and may depend on factors including but not limited to content quality, audience relevance, and program capacity.

3. Affiliate Program Compliance Requirements

You must comply with this Agreement to participate in the Affiliate Program and receive program fees.

You must promptly provide us with any information that we request to verify your compliance with this Agreement.

If you violate this Agreement, or if you violate terms and conditions of any Xmind’s agreement, we reserve the right to permanently (to the extent permitted by applicable law) withhold (and you agree you will not be eligible to receive) any and all fees otherwise payable to you under this Agreement, whether or not directly related to such violation without notice and without prejudice to any right of Xmind to recover damages in excess of this amount.

4. Xmind Customers

Our customers are not, by virtue of your participation in the Affiliate Program, your customers. You will not handle or address any contacts with any of our customers, you will state that those customers must follow Xmind support contact on Xmind official website to address customer service issues.

5. Prohibited Activities

The following activities are strictly prohibited and will result in immediate termination from the Program and forfeiture of all unpaid commissions:

Prohibited Promotional Methods:

Coupon and Deal Sites: Do not post your Affiliate Links on coupon websites, deal aggregator sites, or similar platforms without prior written approval.
Paid Search Advertising: Do not bid on Xmind brand terms (e.g., "Xmind", "Xmind Pro") or variations in paid search campaigns (Google Ads, Bing Ads, etc.).
Email Spam: Do not send unsolicited commercial emails or spam containing your Affiliate Links.
Misleading Advertising: Do not use misleading headlines, clickbait, or false scarcity tactics.
Unauthorized Discounts: Do not create or distribute unauthorized discount codes or promotions.
Content Scraping: Do not scrape or copy content from Xmind's website or other sources.

Prohibited Content and Contexts:

Do not promote Xmind on or in association with:

Adult or sexually explicit content
Illegal activities or content
Hate speech, discrimination, or harassment
Violence or graphic content
Misleading health or financial claims
Fake news or misinformation sites
Content that violates platform policies

Controversial or sensitive topics that could harm Xmind's brand reputation

6. Warranties

You represent, warrant, and covenant that (1) you will participate in the Affiliate Program and create, maintain, and operate Your Channel in accordance with this Agreement, (2) neither your participation in the Affiliate Program nor your creation, maintenance, or operation of your Channel will violate any applicable laws, ordinances, rules, regulations, orders, licenses, permits, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you (including all such rules governing communications, data protection, advertising, and marketing), (3) you are lawfully able to enter into contracts (e.g. you are not a minor or otherwise legally prevented from contracting), (4) you will not participate in the Affiliate Program or use any other service offerings if you are the subject of sanctions from any country or of sanctions consistent with law of any country imposed by the governments of the country where you are using any service offering; (5) you will comply with all international export and re-export restrictions, that may apply to goods, software, technology and services, and (6) the information you provide in connection with the Affiliate Program is accurate and complete at all times. (7) you have the full right and authority to enter into this Agreement and grant the licenses herein; (8) your content and promotional materials are original or you have obtained all necessary rights and permissions; (9) your use of the Affiliate Program and promotional activities will not give rise to any claims of infringement, invasion of privacy, or other third-party claims; (10) you will comply with all applicable tax laws and regulations; and (11) your participation in the Affiliate Program does not create any conflict of interest with any employment, academic institution, or other contractual relationship.

7. Identifying Yourself as an Affiliate Partner

Without our permission, you will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.

8. Term and Termination

The term of this Agreement will begin upon your registration for or use of the Affiliate Program. Either you or we may terminate this Agreement at any time, with or without cause (automatically and without recourse to the courts, if permitted under applicable law), by giving the other party written notice of termination provided that the effective date of such termination will be 7 working days from the date notice is provided.

In addition, we may terminate this Agreement immediately upon written notice to you for any of the following: (1) you are in material breach of this Agreement, (2) you otherwise fail to cure within 7 days of our notice to you regarding any other breach of this Agreement (including any Program Policy); (3) we believe that we may face potential claims or liability in connection with your participation in the Affiliate Program; (4) we believe that our brand or reputation may be tarnished by you or in connection with your participation in the Affiliate Program; (5) your participation in the Affiliate Program has been used for deceptive, fraudulent, or illegal activity.

We may hold accrued unpaid program fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, any order cancelations or returns).

Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, including any and all licenses granted in connection with this Agreement, but unpaid payment obligations under this Agreement, will survive the termination of this Agreement. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.

9. Disclaimers

Images, text, link formats, marketing content, and application program interfaces, and other information in connection with the Affiliate Program are all provided by us. Once the content is provided, it indicates that the use is functioning sustainably or in a specific way. It is interrupted, accurate, error-free or contains no harmful ingredients.

We will not be responsible for (1) any errors, inaccuracies, viruses, malicious software, or service interruptions or (2) any unauthorized access to or alteration of, or deletion, destruction, damage, or loss. (3) We are not liable for any investments, expenditures, or commitments by you in connection with your participation in the Affiliate Program, or (4) any termination or suspension of your participation in the Affiliate Program.

10. Additional Provisions

We may send you emails relating to the Affiliate Program from time to time. You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. This Agreement is the entire agreement between you and us regarding the Affiliate Program and supersedes all prior agreements and discussions.

Any information relating to Xmind or any of its affiliates that we provide or make accessible to you in connection with the Affiliate Program that is not known to the general public or that reasonably should be considered to be Xmind’s confidential information and will remain Xmind’s exclusive property. You must not disclose confidential information to any third party, and you should take all reasonable measures to protect confidential information.

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.

11. Modification

We reserve the right to modify any of the terms and conditions contained in this Agreement at any time and in our sole discretion by posting a change notice, revised Agreement, or by sending notice of such modification to you by email to the primary email address then-currently associated with your associates account.

The effective date of such change will be the date specified, if any modification is unacceptable to you, your only recourse is to terminate this agreement in accordance with section 6.