Referral Program Terms

  1. Our Incentive Referral program:

Mindspace Germany GMBH (“Mindspace” “we” or “us”) has established an incentive referral award program rewarding persons for the successful referral of new members to Mindspace. In order for you to be eligible for the referral award, the person or entity referred by you must qualify as a Successfully Referred Member (as defined below) and fulfill the conditions set forth below.

A “Successfully Referred Member” is a person or entity, referred by you to Mindspace pursuant to a written application form, and that fulfills all of the following cumulative conditions: such person or entity: (i) must enter into a membership agreement with Mindspace subscribing for Mindspace membership services, within 30 days of the initial application and actually pay Mindspace the first fees (e.g. Deposit + first month of membership) by the member due thereunder (ii) is not a current or former employee or member of Mindspace; (iii) has never contacted Mindspace or any of its affiliates in connection with the subscription for any services offered by Mindspace (iv) has never participated in any event or function of any kind organized by Mindspace, prior to its submission of its application form (v) was not previously referred by any other party; and (vi) does not cancel its membership within 30 days of becoming a member of Mindspace.

  1. How do you qualify for the Referral Award?

To qualify for the Referral Award set forth below, you need to be a current registered Mindspace member and submit a Mindspace application form with all the required information properly filled in.

The application must include the following details: (i) Your full legal name, email address, telephone number or mobile telephone number; (ii) The full legal name, email address, telephone number or mobile telephone number of the referred company or individual.

Kindly note that: (i) you must first obtain the consent of the potential new member specified in your application, to submit an application on its/ his/ her behalf and (ii) you may submit only one application per each referral and each referral may only include one potential new member. An incomplete or partial application, or any application contain inaccurate details will be disqualified and will not entitle you to a Referral Award, irrespective of whether or not the person or company specified therein eventually becomes a Mindspace member. (iii) In case we get a duplicate referral related to the same person or entity, the first referral will be respected.

After our review and evaluation of application you submitted, we may email both you and the potential member referred by you to confirm the receipt of the form. We will also provide the potential member the opportunity to confirm whether or not it is indeed seeking to subscribe for Mindspace services and whether or not it authorized you to submit an application on its behalf. If the potential member informs us that it is not interested in our services or that it never authorized you to submit an application on its behalf, you will not be entitled to the Referral Award.

You will have the opportunity to inform Mindspace of any changes to the application such as contact information or bank account information at any time provided however that the change in the identity of the potential member referred by you shall require the submission of a new application. You will also be able to check the status of current, completed and expired referrals.

  1. Referral Award:

With respect to each Successfully Referred Member referred by you to Mindspace, Mindspace will pay you, either by a deduction of your monthly fee to Mindspace or by wire transfer, a referral award in a gross amount equivalent to 10% of the membership fee, actually received by Mindspace from a Successfully Referred Member during the first 12 months of the Successfully Referred Member membership (“Referral Award”). In case the Successfully Referred Member will increase his monthly payments to Mindspace (for example, due to renting additional space) the Referral Award won’t increase. In case the Successfully Referred Member will decrease his monthly payment to Mindspace, the Referral Award will be decreased proportionately. It is hereby clarified that you will be entitled to the Referral Award only as long as you are a current registered Mindspace member.

The Referral Award shall be due and payable 30 days following the earlier of (i) termination of the Successfully Referred Member’s membership or (ii) the lapse of the first month of membership.

The Referral Award shall be denominated in the same currency paid by the Successfully Referred Member.

Mindspace shall be entitled to deduct withholding taxes as required by applicable law from the Referral Award.

The Referral Award represents the entire gross consideration, commission or fees to which you may be entitled in connection with the Mindspace Incentive Referral Program.

  1. Miscellaneous:

Mindspace, in its sole discretion, may modify, suspend and/or terminate the Incentive Referral Program, at any time with or without prior notice.

Mindspace shall have sole and absolute discretion to decide whether or not to pursue, enter into, or consummate any transaction with the potential member; and shall not be obligated, in any event, to accept any application or to engage in any agreement or transaction with the potential member referred by you.

This agreement does not create and shall not be construed as creating an employer-employee relationship between Mindspace and you, nor constitute and any agency, joint venture or partnership between Mindspace and you. You shall not hold yourself to be an agent of Mindspace not shall you be entitled to bind Mindspace for any intent or purpose.

Nothing herein contained shall be deemed as to grant you any exclusive rights or to entitle you to any compensation or remuneration with respect to a transaction between Mindspace and any third party, other than Successfully Referred Member referred by you in accordance with the provisions of this Agreement.

You may not assign, transfer or dispose of any of its rights or obligations under this Agreement to any other party. Any attempt by the you to assign, transfer or dispose of any right or obligation under this Agreement to any other party shall be null and void ab initio.

This agreement shall be exclusively governed by and construed in accordance with the laws of Germany without regard to the conflict of law’s provisions thereof. Any dispute arising under or in connection with this Agreement or with respect to performance hereunder shall be exclusively resolved in the competent court of Berlin, and each of the parties hereby irrevocably submits to the exclusive jurisdiction of such court. The company reserves the right to make any determination under this agreement.