Policies and Procedures

3.1 Marketing and Training System

Partner Users must present, promote, and explain the Brain Musik business model, its operations, and its income-generating mechanisms solely and exclusively in accordance with the guidelines established in the Company’s Official Materials, which include authorized corporate documents, official presentations, training content, and official communications provided by the Company. It is strictly prohibited to present the Brain Musik business opportunity, business model, income structure, or economic benefits outside of these approved materials.

The following actions are strictly prohibited:

• Presenting the Brain Musik business model or Compensation Plan through marketing systems, training methods, presentations, publications, or content not officially approved by the Company;
• Combining, associating, or linking the Brain Musik model with other brands, products, companies, or external programs without prior written authorization from the Company;
• Requiring, suggesting, or encouraging other Partner Users, Clients, or prospective members to sign contracts, agreements, or documents not issued by Brain Musik as a condition for participation in the Compensation Plan or for accessing any benefit within the platform;
• Soliciting, promoting, or accepting payments, financial contributions, purchases, or economic obligations that are not expressly outlined in the Company’s Official Materials as necessary or recommended in the context of using the platform.

3.2 Advertising and Use of Promotional Materials

All Partner Users have the direct responsibility to actively protect and promote the good reputation of Brain Musik, LLC, its business model, products, and services. Any marketing action, promotion, or public representation of the brand must be carried out ethically, professionally, and in alignment with public interest, strictly following the Company’s established communication guidelines.

The following promotional conduct is strictly prohibited:

• Misleading, false, or fraudulent representations;
• Disrespectful, aggressive, or unprofessional behavior;
• Immoral actions or those in conflict with the institutional values of Brain Musik, LLC.

The following practices are expressly prohibited:

• Use of robocalls (unsolicited automated phone calls) to promote Brain Musik;
• Distribution of unauthorized mass emails (spam);
• Use of unsolicited advertising faxes;
• Aggressive “boiler room”-style sales tactics, such as persistent calling, undue pressure, or manipulative behavior toward prospects.

Use of Promotional Materials
For promotional purposes, Partner Users may only use:

• Advertising materials produced directly by Brain Musik, LLC;
• Resources that have been previously approved in writing by the Company.

Any modification, adaptation, or redesign of previously approved materials must be resubmitted to the Company for renewed review and express written authorization. In the absence of written confirmation, such material shall be deemed rejected, and its use is strictly prohibited. Brain Musik, LLC reserves the right to revoke, at any time and without further justification, any previously granted authorization concerning the use of promotional material created or adapted by the Partner User.

Digital Promotion and Online Media Guidelines

Each Partner User is directly responsible for ensuring that all promotional activities carried out through digital channels—including but not limited to social media, websites, advertising campaigns, email marketing, or other online platforms—fully comply with these Policies, ensuring:

• Accuracy in the information presented;
• Clarity in messages and content;
• Alignment with the principles of transparency and good-faith commercial conduct as promoted by Brain Musik, LLC.

The use of media, materials, or methods that may cause confusion, mislead, or constitute unfair practices is strictly prohibited, including but not limited to:

• Use of deceptive links or "spam linking" in blogs, forums, wikis, or unofficial spaces;
• Implementation of misleading SEO techniques or algorithmic manipulations to attract traffic under false expectations;
• Posting of paid advertisements, sponsored links, or redirects that appear to originate from Brain Musik’s official site but lead to unauthorized pages;
• Use of banners, press releases, advertising creatives, or branded posts that have not been previously reviewed and approved in writing by the Company.

Brain Musik, LLC reserves the right to immediately suspend, sanction, or terminate any account that violates this clause—with or without prior notice—when the practices identified compromise institutional integrity or pose reputational or legal risk.

Replicated Websites

Replicated websites are tools provided by Brain Musik, LLC to facilitate the online enrollment and purchase process in a simple, efficient manner aligned with the Company’s corporate identity. As these websites operate under the Company’s official domain, Brain Musik, LLC reserves the right to collect and analyze statistical and behavioral data regarding their use for auditing, user experience enhancement, and regulatory compliance purposes.

Default URL Format:
By default, a replicated website URL shall be:
<INSERT WEBSITE>/<Brain Musik Partner ID>

The Brain Musik Compliance Department may, under exceptional circumstances, approve the modification of the personalized identifier, provided that such modification:

• Does not create confusion with sections of the official Brain Musik website;
• Does not mislead a reasonable visitor regarding whether the page is official;
• Is not easily confused with internal team names or organizational structures within Brain Musik;
• Does not include terms that imply earnings, results, misleading claims, or any offensive, inappropriate, or unprofessional language that may negatively impact the Company's image.

Brain Musik, LLC retains the exclusive right to approve, modify, or reject any content published on replicated websites, ensuring compliance with the platform’s visual identity, corporate values, applicable legal regulations, and ethical standards.

Approved External Websites

The term External Website refers to any personal website, blog, digital page, social media account, or online presence managed by a Partner User that:

• Is used to promote products, services, content, or the business opportunity of Brain Musik, LLC;
• Is not hosted on Brain Musik’s official servers;
• Has not been provided by or directly affiliated with Brain Musik, LLC (e.g., the official replicated site).

Authorization Required for the Use of External Websites

A Partner User may create and use an External Website to enhance their professional presence, provided that the following mandatory requirements are met:

• Submit a duly signed External Website Sales Agreement to Brain Musik, LLC’s Compliance Department;
• Receive prior written approval from the Company before publishing any Brain Musik-related content to the public;
• Submit all digital content from the External Website for review, compliance verification, and express approval by the Company;
• Comply with all current Brain Musik policies regarding brand image, trademark usage, and professional conduct.

Restrictions and Disclaimers

• Brain Musik, LLC reserves the right to reject any External Website that, at its sole discretion, does not adequately represent the Company’s values or public image;
• The Partner User expressly waives any claim or right to compensation in the event Brain Musik revokes a previously granted approval;
• The Partner User must modify, adapt, or remove any content from the External Website that conflicts with current or future Company policies upon express request from Brain Musik;
• In the event of termination of the Partner User Agreement, the External Website must be immediately closed or taken down, without exception.

External Website Content

The Partner User shall be solely and exclusively responsible for the content, messages, statements, and information published on any External Website they manage or use to promote their Brain Musik business.

Such content must:

• Accurately and professionally represent the Brain Musik brand, its business model, and its products;
• Strictly comply with the provisions set forth in these Policies and Procedures, as well as the applicable Terms and Conditions;
• Not contain pop-up windows, malicious code, automatic redirects, or any elements that interfere with the user experience or compromise visitor security;
• Not infringe upon third-party intellectual property rights, including copyrights, trademarks, image rights, patents, or any other legally protected rights.

In the event of a legal claim, lawsuit, complaint, or judicial proceeding brought against Brain Musik, LLC, directly or indirectly arising from content published on an External Website:

• The Partner User agrees to indemnify and hold Brain Musik, LLC harmless from any loss, damage, settlement, judgment, liability, fine, penalty, or payment resulting therefrom;
• The Partner User shall be responsible for covering all legal fees, court costs, and associated expenses incurred by Brain Musik as a result of the claim;
• Brain Musik is authorized to deduct any amounts owed to the Partner User (including commissions or bonuses) as partial or full compensation for amounts related to the claim;
• If the available funds are insufficient, the Partner User must reimburse the remaining balance using external payment methods accepted by Brain Musik.

Content Exclusivity on External Websites

Any External Website operated by a Partner User must be exclusively dedicated to the promotion of Brain Musik, LLC’s business model, products, and services.The advertising, sale, or promotion of products, services, brands, business opportunities, or programs unrelated to Brain Musik is strictly prohibited on the same website.

Termination of External Website

In the event of cancellation, whether voluntary or involuntary, of the Partner User Agreement, or in the case of any type of cessation of active participation in Brain Musik, the Partner User shall be required to:

• Remove their External Website from public access within a maximum of three (3) calendar days from the effective date of cancellation;
• Delete all content referencing Brain Musik, its business model, products, trademarks, licenses, or compensation plan;
• Refrain from using the External Website for any activity directly or indirectly related to Brain Musik.

Transfer of External Website

An External Website may only be transferred to another active Partner User, subject to:

• Submission of a formal request to the Brain Musik, LLC Compliance Department;
• Written evaluation and approval by the Company, to be reviewed on a case-by-case basis, taking into account:
  • The site’s history,
  • Compliance with policies,
  • Alignment with Brain Musik’s corporate image.

Brain Musik, LLC reserves the right to approve or reject any transfer request without obligation to provide additional justification.

Team Websites

Partner Users may create or utilize Team Websites for the purpose of:

• Facilitating ongoing education;
• Sharing training materials and best practices;
• Fostering internal communication within their organization or referral community;
• Promoting collaborative professional development among team members.

All Team Websites must:

• Align with the principles, institutional image, and corporate culture of Brain Musik, LLC;
• Strictly comply with the content, promotion, and brand usage policies established in these Policies and Procedures;
• Refrain from including misleading statements, unapproved content, unofficial commercial offers, or links to external opportunities;
• Include a visible disclaimer stating that the website is not official and is not directly affiliated with Brain Musik, unless expressly approved by the Company.

Brain Musik, LLC reserves the right to:

• Review any Team Website at any time;
• Request modifications, temporary suspension, or permanent removal if the content or operation of the site is found to be in violation of Company policies or institutional values.

Restrictions on Domain Names, Email Addresses, and Online Aliases

In order to protect the integrity, corporate identity, and trademark rights of Brain Musik, LLC, it is strictly prohibited for any Partner User to:

• Use or register the term “Brain Musik” or any:
  • Trademarked name owned by Brain Musik, LLC;
  • Name of any Company product or service;
  • Variation, alteration, misspelling, abbreviation, or derivative that could cause confusion;

For the following purposes:

• Domain names or URLs (personal or commercial websites);
• Email addresses;
• Blogs, profiles, social media pages, or community platforms;

• Usernames, aliases, or digital identifiers on any platform.

Prohibition on Misleading Affiliations

It is also prohibited to use any name, address, or alias that could reasonably create confusion regarding an alleged affiliation, official representation, or direct endorsement by Brain Musik, LLC, unless such relationship has been expressly authorized and documented by the Company.

Use of Links and Web Traffic Redirection

When a Partner User directs other Users, prospects, or visitors to an External Website or to a replicated site, they must ensure that:

• It is clearly and visibly identifiable to any reasonable viewer that the site is operated by an Independent Brain Musik User and is not the Company’s official corporate website;
• The link’s presentation, design, wording, or context does not create confusion, ambiguity, or mislead users regarding the unofficial nature of the site;
• The site does not use language, logos, or visual elements that imply or suggest explicitly or implicitly that it is an official Brain Musik, LLC source.

Determination of Misleading Links
The determination of whether a link, presentation, or navigation structure is misleading shall be made exclusively at the discretion of Brain Musik, LLC, which may require its immediate modification or removal.

Restrictions on Outbound Links

An External Website managed by a Partner User may not link to any other external site except:

• Their own officially approved Brain Musik replicated website;
• Other platforms expressly authorized in writing by Brain Musik.

Restrictions on Inbound Links from Third Parties

An External Website may not receive inbound traffic or referral links from websites that:

• Violate these Policies and Procedures or the Brain Musik Terms and Conditions;
• Contain offensive, sexually explicit, violent, inappropriate, discriminatory, or misleading content;
• Are, in the sole judgment of the Company, harmful to the image, reputation, or integrity of Brain Musik, LLC.

Online Classifieds and Prohibition on Unauthorized E-Commerce

Partner Users may use online classified platforms only for the following purposes:

• Listing, selling, or promoting specific Brain Musik products;
• Offering product packages with their respective licenses, in accordance with the terms set by the Company;
• Conducting prospecting, sponsoring, or recruitment activities, informing the public about the business opportunity as a Brain Musik Partner User.

Mandatory Conditions:

• The listing must visibly include the statement:
  “Independent Brain Musik User”;
• The classified content must be submitted to Brain Musik in advance for written approval prior to publication;
• Any link or URL included in the ad must direct exclusively to:
  • The Partner User’s official replicated website; or
  • An External Website previously approved by Brain Musik.

Expressly Prohibited:

• Including links to replicated sites of other Partner Users or Clients;
• Promoting products or opportunities using unauthorized content.

Auctions, Online Retail, and E-Commerce Platforms

It is strictly prohibited for any User or Partner User of Brain Musik, LLC to:

• List, sell, license, or promote Brain Musik products or services on online auction or bidding websites, including but not limited to MercadoLibre and similar platforms;
• Offer products on online retail stores or third-party e-commerce platforms such as Amazon, Fiverr, Etsy, Shopify, or similar sites, unless expressly authorized in writing by Brain Musik, LLC;
• Transfer digital works or products acquired through the platform to third parties for unauthorized resale, sublicensing, or redistribution;
• Assist, facilitate, collaborate with, or act in complicity with any individuals, legal entities, or organizations seeking to distribute Brain Musik content through unofficial channels or platforms.

These restrictions also apply to:
Affiliate sites, coupon portals, mass discount sites, and digital product aggregators unless they have been expressly approved by Brain Musik, LLC as an authorized distribution channel.

Banner Advertising

A User or Partner User may use banner advertisements on third-party websites only under the following conditions:

Approved Materials:
Banners must only use images, templates, messages, or graphical elements that have been pre-approved by Brain Musik, LLC.

Permitted Redirection:
All banners must redirect exclusively to the Partner User’s official replicated website or an External Website previously approved by Brain Musik, LLC.

Prohibition of Misleading Advertising:
The following are strictly prohibited:

• “Blind” links or banners lacking clear identification of their origin or destination;

• Misleading messages regarding income claims, product information, or institutional affiliation;
• Designs that could lead a visitor to believe they are accessing an official Brain Musik website.

Host Site Restrictions:
Banners may not be placed on websites that contain or promote:

• Sexually explicit, illegal, violent, offensive, or discriminatory content;
• Activities that are unlawful or contrary to the Company’s values;
• Any information that, in the sole judgment of Brain Musik, damages its image, reputation, or 

Mass Linking (Spam Linking)

Engaging in spam linking practices is strictly prohibited, including but not limited to:

• Repetitive posting of identical or similar content in blogs, forums, guestbooks, or wikis;
• Automated or irrelevant comments (blog spamming);
• Search engine manipulation techniques (spamdexing).

Any comment or publication made on external platforms must be:

• Unique, relevant, and informative;
• In full compliance with these Policies;
• Signed with the Partner User’s full name and the designation:
  “Independent Brain Musik Partner User.”

Digital Multimedia Content (YouTube, Spotify, TikTok, Vimeo, etc.)

Partner Users may publish or upload audiovisual content related to their personal brand or business within Brain Musik on digital platforms such as YouTube, Spotify, TikTok, Vimeo, and others, provided that they comply with the following conditions:

Marketplace Content Restrictions:

Partner Users are strictly prohibited from:

• Uploading, distributing, promoting, or publicly offering any products currently active in their Brain Musik Marketplace store (including beats, lyrics, melodies, cover art, animations, visuals, or other creative content) on external digital platforms;
• Publishing on external platforms any works that are currently listed—or were previously listed—on the Brain Musik Marketplace;
• Promoting on these platforms any product that has been sold through the Brain Musik Marketplace without the prior express authorization of the license purchaser.

Partner Users may only use such platforms to promote their personal brand, store concept, or independent participation as a Brain Musik Partner User, without violating the above restrictions.

Requirements for Publishing Multimedia Content:

For any permitted multimedia content, the Partner User must ensure that:

• The content was created directly by the User and does not infringe any third-party rights;
• The material positively reflects Brain Musik, LLC’s institutional values;
• It provides educational, informative, or motivational value to the community;
• It does not violate ethical norms, legal standards, or intellectual property rights.

• institutional integrity.

Legal Identification and Compliance

Partner Users must clearly identify themselves as “Independent Brain Musik Partner Users” in all published content, descriptions, or tags.

All content must fully comply with applicable laws governing:

• Copyright;
• Music licensing;
• Use of images, trademarks, software, logos, and other digital assets.

Any violation of these obligations may result in disciplinary actions, including the suspension or termination of the Partner User Agreement.

Sponsored Links and Pay-Per-Click (PPC) Advertising

The use of sponsored link advertising or Pay-Per-Click (PPC) campaigns is permitted for Brain Musik Partner Users only under the following mandatory conditions:

Authorized Destination URL:

The destination URL of any advertisement must lead exclusively to the Partner User’s official replicated site or an External Website previously approved by Brain Musik, LLC.

Display URL:

The display URL shown in the ad must exactly match the authorized destination URL.
Deceptive, incomplete, or masked URLs are strictly prohibited.

Prohibition on Mimicking the Official Site:

It is strictly prohibited to create ads or links that resemble the official Brain Musik corporate website or that may mislead users about the advertiser’s identity.

Additional Restrictions:

• PPC ads must comply with all applicable advertising laws and Brain Musik, LLC’s Advertising and Branding Policies;
• Use of keywords or terms implying direct affiliation with the company (e.g., “official Brain Musik,” “official platform,” etc.) is prohibited without express authorization;
• Brain Musik reserves the right to request the immediate suspension of any PPC campaign deemed inappropriate, misleading, or harmful to the brand.

Social Media

Partner Users may use social media platforms (including but not limited to Facebook, Instagram, TikTok, X, LinkedIn, YouTube, etc.) to promote their personal brand, business activities, and store within the Brain Musik ecosystem, provided that they strictly adhere to the following guidelines:

User Identification:

Partner Users must clearly and visibly identify themselves as “Independent Brain Musik Partner Users” in:

• The username, alias, or profile/page title;
• The biography, profile description, or “about” section.

Prohibition on Official Representation:

It is strictly prohibited to use:

• Usernames, aliases, page names, logos, or phrases that may imply a corporate affiliation with Brain Musik, LLC;
• Fake identities;
• Any element suggesting that the profile or page is official or managed by the Company.

Permitted and Prohibited Content:

Content shared must align with Brain Musik’s institutional values. The following is prohibited:

• Misleading, false, or fraudulent content, especially related to income, results, experiences, or products;
• Vulgar, offensive, defamatory, discriminatory, aggressive, or sexually explicit content;
• Any content contrary to the professional, ethical, or inclusive image promoted by the Company.

Approval of Graphic and Audiovisual Materials:

All promotional graphic or audiovisual content used on social media that directly references Brain Musik, its business model, or its products must:

• Be pre-approved in writing by Brain Musik, LLC’s Compliance or Marketing Department;
• Include any required disclaimers or approved formats, if applicable.

Monitoring and Sanctions:

Brain Musik, LLC reserves the right to:

• Request the removal of posts or profiles that violate these policies;
• Impose disciplinary sanctions for violations, including warnings, suspension, or termination of the User Agreement.

Partner User Responsibility for Published Content

Each Partner User shall be fully responsible for any content published on digital media (including social networks, blogs, websites, video channels, or any public or private platform) that directly or indirectly references Brain Musik, LLC, its business model, products, community, or any element related to the Company.

Scope of Responsibility:

This responsibility extends to:

• Posts made personally by the Partner User;
• Third-party publications on platforms, accounts, pages, or profiles controlled, managed, or administered by the Partner User;
• Comments, reactions, shared content, or promotional materials linked to Brain Musik’s environment.

Prohibition of Misleading or False Publications

It is strictly prohibited to disseminate any content that, in the sole discretion of Brain Musik, LLC, is false, misleading, manipulative, or fraudulent, including but not limited to:

• Unrealistic or exaggerated promises about income, financial success, or lifestyle;
• Incorrect, inaccurate, or unverified statements about Brain Musik’s products, services, licenses, technical features, or benefits;
• Altered biographies or claims regarding achievements, credentials, or associations not verifiable or not authorized by the Company.

Registrations and Sales from Digital Platforms

All transactions, product sales, and new User or Partner User registrations must occur exclusively within the Brain Musik, LLC ecosystem, through the following official channels:

• The official replicated website assigned to the Partner User by Brain Musik, LLC;
• An External Website previously approved by the Company and registered with the Brain Musik, LLC Compliance Department.

It is strictly prohibited to carry out sales, promotions, registrations, or any type of transaction through:

• Platforms not authorized by Brain Musik, LLC;
• Social media;
• External digital stores;
• Third-party websites;
• Personal links or channels not officially registered and approved.

Any attempt to divert registration or commercialization processes outside of the established channels shall constitute a serious violation of these Policies and may result in disciplinary actions, including immediate termination of the Partner User Agreement.

Responsibility for Third-Party Content

The Partner User shall be personally and directly responsible for:

• All content, messages, graphics, or audiovisual material published on any digital medium related to Brain Musik, LLC;
• Third-party content published on websites, social media, or digital platforms under their control, administration, or management;
• The truthfulness, accuracy, legality, and integrity of all content associated with their image, reputation, or activity as an Independent Brain Musik Partner User.

Use of Third-Party Intellectual Property

Any Partner User who uses trademarks, trade names, service marks, copyrighted works, or other protected intellectual property—whether within or outside the Platform—shall be solely responsible for:

• Obtaining the appropriate license or authorization, including payment of any applicable fee or royalty;
• Complying with all restrictions, conditions, or usage guidelines set by the rights holder;
• Clearly referencing the original owners where required by usage terms.

Brain Musik, LLC shall not be liable for unauthorized use of protected material by Users. Violations may result in immediate suspension of platform access without refund, and may also subject the User to legal action from the affected rights holders.

Respect for Privacy

Partner Users must respect the privacy and integrity of others at all times. It is expressly prohibited to post, share, or participate in content that:

• Involves rumors, defamation, or unfounded speculation about individuals, companies, or competitors;
• Harms the honor, moral character, or reputation of any person or entity.

Professionalism in Published Content

All content published by Partner Users—whether on the Platform or external media—must meet professional standards of:

• Truthfulness and accuracy;
• Correct spelling, grammar, and writing style.

The use of vulgar, offensive, derogatory, or discriminatory language is strictly prohibited.
Brain Musik reserves the right to remove any content not meeting these standards without prior notice.

Prohibited Content

It is strictly prohibited to post, share, or link to content that:

• Is sexually explicit, obscene, or pornographic;
• Contains threats, hate speech, discrimination, or harassment;
• Displays unnecessary graphic violence, including violent video games;
• Promotes illegal activities or incites criminal conduct;

• Constitutes personal or institutional attacks;
• Infringes the intellectual property rights of Brain Musik, LLC or third parties.

Interaction with Negative Content

Partner Users are not authorized to engage publicly with negative posts that affect the image of Brain Musik, its products, or its members.
Any such incident must be reported directly to the Compliance Department through official Company channels.
Responding to negative content often fuels unproductive discussions with individuals who do not share Brain Musik’s values and may harm the Company’s reputation.

Social Media Sites with Website-Like Features

As some social media platforms include functionalities that resemble websites, Brain Musik reserves the exclusive right to classify certain social media sites as websites and require that their use comply with the Policies applicable to External Websites.

Promotion of Other Direct Selling Companies on Social Media

Regarding the use of social media platforms—including but not limited to Facebook, Instagram, Twitter (X), LinkedIn, YouTube, and Pinterest—Partner Users agree to the following:

• Use only their Brain Musik replicated site or an authorized external site for generating sales or referrals;
• During the term of the Agreement and for twelve (12) calendar months thereafter, Partner Users may not use any social media platform where they previously promoted Brain Musik to directly or indirectly recruit others into another direct selling or network marketing program.

This includes any activity that could reasonably lead others to inquire about or express interest in business ventures outside of Brain Musik.

Violation of this provision constitutes a breach of the No-Solicitation Policy outlined in Section 3.16.

If a Partner User creates a business profile or page on social media related to Brain Musik, it must be exclusively dedicated to their Brain Musik business and its products.
If the business is terminated or the Partner User becomes inactive, the page must be immediately deactivated.

3.3 Participation in  Brain Musik Marketing 

Brain Musik, LLC encourages the active participation of its Users and Partner Users in the Company’s marketing strategies, campaigns, and initiatives, provided that such participation respects the Company’s institutional image, corporate values, and current policies.Any material voluntarily submitted by a User or Partner User to Brain Musik, LLC—including but not limited to written testimonials, audio or video recordings, ideas, suggestions, graphic materials, or participation in corporate calls—must be submitted directly to the Marketing Department for evaluation and potential integration into official campaigns.

Assignment of Rights and Use of Submitted Content

By submitting any content, idea, suggestion, or contribution to Brain Musik, LLC, the User or Partner User expressly agrees to the following:

• Voluntary and Free Submission:
  All submitted content shall be deemed voluntarily and freely transferred to Brain Musik, LLC;
• Exclusive and Irrevocable Ownership:
  Full rights to the material shall become the exclusive and irrevocable property of Brain Musik, LLC, including all rights to use, reproduce, modify, publish, distribute, and display the content for commercial, promotional, educational, or institutional purposes;
• Restrictions on Reuse:
  The User or Partner User may not reuse, redistribute, or commercially exploit any content submitted to Brain Musik, LLC without the Company’s prior express written authorization;
• No Obligation of Compensation:
  Brain Musik, LLC shall not be obligated to provide monetary compensation, public acknowledgment, or any additional consideration for the use of the submitted content, unless otherwise expressly agreed in writing.

3.4 Telemarketing Practices

The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) have enacted strict regulations that govern telemarketing activities, including the establishment of the National “Do Not Call” Registry. Although Users and Partner Users of Brain Musik, LLC are not considered “telemarketers” in the traditional sense, any telephone call placed to individuals listed on no-contact registries may constitute a legal violation, potentially subjecting the caller to civil or administrative penalties.

Accordingly, the use of telemarketing is strictly prohibited as a method of operation within the Brain Musik business.

Definition of Telemarketing:

For the purposes of these Policies, telemarketing shall be understood as any telephone call placed for the purpose of:

• Promoting or inducing the purchase of Brain Musik products or services;
• Recruiting individuals into the business model or inviting participation in the compensation plan.

The following practices are strictly prohibited:

• Unsolicited cold calls to individuals with whom the caller has had no prior relationship;
• Any calls placed without prior authorization or a documented commercial relationship.

Permitted Exceptions:

Telephone contact may only occur under the following specific circumstances:

• Documented Existing Business Relationship:
  The User has a documented commercial relationship with the prospect (such as purchases, rentals, or other transactions) within the preceding eighteen (18) months;
• Recent Inquiry or Application:
  The prospect has submitted a formal inquiry, request, or application within the preceding three (3) months;
• Prior Written Authorization:
  The prospect has provided prior written and signed consent to be contacted, clearly specifying the authorized telephone number;
• Close Personal Contact:
  The prospect is a family member, personal friend, or acquaintance with whom the User has had direct and documentable contact within the past three (3) months.
  Note: Merely collecting business cards at events without substantial interaction does not qualify as valid consent and may be deemed improper telemarketing.

Prohibited Automated Calling Practices:

• The use of automatic dialing systems (autodialers) for any commercial activity related to Brain Musik is expressly prohibited;
• The use of pre-recorded messages or automated promotional or recruitment calls (“robocalls”) associated with Brain Musik, LLC is not permitted under any circumstances.

3.5 Trademarks and Copyrights

The name Brain Musik®, along with any other trade name, logo, slogan, product name, design, or mark used by the Company, constitutes registered trademarks and/or proprietary intellectual property of Brain Musik, LLC. These marks hold significant commercial and institutional value, and their use by Users or Partner Users is strictly limited to the purposes expressly authorized by the Company. Any unauthorized use shall be deemed a violation of intellectual property rights and may result in legal and contractual penalties.

Authorized Use of Trademarks and Materials

Any printed or digital material utilizing Brain Musik intellectual property must clearly identify the responsible party as:

[User’s Full Name]
Independent Brain Musik® User

Users may appear as "Independent Brain Musik® User" in public listings or telephone directories only under their personal name.

The following is strictly prohibited:

• Publishing advertisements in printed or digital directories using the name “Brain Musik” or its logos;
• Answering phone calls as if acting on behalf of the Company (e.g., “This is Brain Musik” or similar);

• Using domain names, URLs, social media handles, or aliases that suggest an official representation of Brain Musik or mislead others regarding the User’s relationship with the Company.

Recordings and Presentations

It is not permitted to record, reproduce, distribute, or sell events, presentations, training sessions, webinars, or any material owned by Brain Musik, LLC without prior express written authorization.

Limited License

Brain Musik, LLC grants each User a non-exclusive, non-transferable, and revocable license to use its trademarks for limited business development purposes, as outlined in these Policies.

This license:

• May be revoked at any time at the sole discretion of Brain Musik, LLC;
• Shall be deemed automatically terminated upon suspension, cancellation, or termination of the User’s account or business status.

3.6 Media Inquiries and Press Communications 

Users are not authorized to respond to, issue statements, grant interviews, or make any public declarations on behalf of Brain Musik to any media outlet, including digital, radio, television, or print platforms.All media, press, or public relations inquiries must be immediately referred to the Corporate Office of Brain Musik, LLC through the official communication channels.

3.7 Business Entities as Partner Users

A business entity (such as a corporation, LLC, partnership, association, trust, or any other legally recognized form) may register as a Partner User of Brain Musik, provided that:

• A duly completed Business Entity Information Form is submitted;
• All corresponding legal formation documents are attached (e.g., articles of incorporation, operating agreement, trust deed, EIN, etc.).

Status Changes:

An account may be converted from an individual to a business entity, or vice versa, while retaining the same Sponsor, upon written request and submission of the required documentation to the Brain Musik Customer Service Department.

Joint and Several Liability:

All partners, shareholders, members, trustees, or beneficiaries of the registered entity shall be held jointly and severally liable to Brain Musik, LLC for any obligation, debt, claim, or liability arising from the entity’s account.

3.8 Changes to a Brain Musik Business

Each Partner User is required to promptly notify Brain Musik, LLC of any changes to the information registered on their account, including but not limited to: legal name, tax identification number, entity type, payment method, contact details, or any other relevant information.

Update requests must be submitted to the Brain Musik Customer Service Department via:

• Email to: support@brainmusik.com;
• Including, when applicable, a newly signed version of the User Agreement along with supporting documentation justifying the change.

Form 1099 (U.S.-Based Partner Users):

Each account registered under a Partner User in the United States will receive an individual IRS Form 1099, when applicable, based on the accumulated payment threshold and in accordance with current tax laws.In other jurisdictions, Brain Musik may issue the corresponding tax form or fiscal report as required under the tax regulations of the Partner User’s country of residence.

3.9 Addition and Removal of Co-Applicants

To add a co-applicant to an existing User account, the following is required:

• A written request;
• A fully completed Partner User Agreement including the names, tax identification or Social Security numbers, and signatures of both applicants.

To remove a co-applicant, the following must be submitted:

• A written and notarized request from the co-applicant;
• A new Partner User Agreement signed solely by the primary applicant, including their tax identification number.

All documentation must be submitted to the Customer Service Department of Brain Musik, LLC.

Avoidance of Unauthorized Transfers:

To prevent circumvention of the rules outlined in the “Sale, Transfer, or Assignment of a Brain Musik Business” section, the original applicant must remain a party to the Partner User Agreement.If the original applicant wishes to terminate their relationship with the Company, or if both parties wish to exchange roles(in the case of being part of the same household), they must follow the formal procedure set forth in the applicable section.Failure to comply with such procedure will result in the automatic cancellation of the Brain Musik business upon withdrawal of the original Partner User.

3.10 Management of the Partner User Account

When an account is registered under a business entity or multiple natural persons, administrative decisions shall be governed by the following criteria:

Business Entities:

The decision-making process shall follow the terms and hierarchical structure set forth in the entity’s organizational documents.
In the event of a dispute, ambiguity, or lack of an express provision, the decision of the individual registered as the Primary Applicant shall prevail.

Joint Accounts (Natural Persons):

In the case of disagreement between co-applicants, the decision of the registered Primary Applicant shall prevail, unless a joint notarized resolution is submitted.

3.11 Sponsor Change

The transfer of a User, Partner User, or Sponsor is a strictly regulated process. All requests must be submitted in writing to the Corporate Office of Brain Musik and must include a written justification. Transfers will generally only be considered under the following exceptional circumstances:

Change Requested After 31 Days from Enrollment:

Submit the official form titled “Request for Enroller and Sponsor Change (After 31 Days)”, signed by:

• The applicant;
• The current sponsor;
• The original enroller.

Fraudulent Inducement or Unethical Sponsorship:

A change may be requested while retaining the original downline organization if:

• Documented evidence is submitted within sixty (60) days of the original enrollment;
• The request is evaluated on a case-by-case basis.

Transfer Authorized by All Parties:

Submit a Sponsor Transfer Request Form, signed and notarized by:

• The applicant;
• All sponsors and Users whose direct or indirect commissions may be affected.

Scanned or photocopied digital signatures will not be accepted.
Please allow up to thirty (30) business days for review and processing of the request.In all scenarios, the downline organization shall remain within its original genealogy, unless Brain Musik, LLC determines otherwise for business or corrective reasons.If the procedures for sponsor change are not properly followed and a downline organization is incorrectly structured under a different sponsor, Brain Musik, LLC reserves the exclusive right to determine the final disposition of such organization.

THE USER EXPRESSLY WAIVES ANY CLAIM AGAINST BRAIN MUSIK, LLC, ITS OFFICERS, OWNERS, EMPLOYEES, AND AGENTS REGARDING DECISIONS INVOLVING A DOWNLINE ORGANIZATION THAT WAS IMPROPERLY STRUCTURED.

3.12 Cancellation and Re-Enrollment

A Partner User of Brain Musik, LLC whose highest achieved rank is SuperStars or lower may request to re-enroll under a new sponsor, provided the following conditions are met:

Prior Voluntary Cancellation:

The individual must have formally canceled their affiliation with Brain Musik in accordance with the provisions outlined in Section 10.4 of these Policies and Procedures.

Mandatory Inactivity Period:

Following cancellation, the individual must remain completely inactive for a minimum uninterrupted period of six (6) consecutive calendar months. During this period, they may not:

• Purchase any products or services from the platform;
• Generate any sales;
• Sponsor or invite new Users or Partner Users;
• Attend any official Brain Musik events, training sessions, or meetings;
• Participate directly or indirectly in any activity related to their former account or marketing organization.

Re-Enrollment Under a New Sponsor:

After the required inactivity period, the individual may re-register as a User (Client) under a new sponsor.

Elite Rank or Higher:

For Partner Users whose highest achieved rank was Elite or higher, the required inactivity period shall be extended to twelve (12) consecutive calendar months, under the same conditions stated above.

Re-Enrollment Limit:

This benefit may only be exercised once during the lifetime of the Partner User.
Brain Musik, LLC will not accept additional re-enrollment requests under a different sponsor if the Partner User has already exercised this right under the terms of this clause.

3.13 Indemnification for Unauthorized Statements and Actions

Each Partner User shall be fully responsible for any statement, claim, representation, or promise—whether verbal, written, visual, or electronic—regarding the products, licenses, transfers, services, or the Compensation Plan of Brain Musik, LLC, that is not expressly included in the Official Materials provided or authorized by the Company.

The Partner User agrees to indemnify, defend, and hold harmless Brain Musik, LLC, its affiliates, officers, employees, and representatives from and against any and all claims, penalties, losses, demands, damages, or liabilities, including but not limited to:

• Court judgments or arbitral awards;
• Fines or administrative sanctions;

• Refunds or financial compensation owed to third parties;
• Legal fees, attorney's fees, and court costs;
• Any loss of business, reputation, or commercial relationship arising from such unauthorized statements or actions.

This indemnification provision shall remain in full force and effect even after the termination, expiration, or cancellation of the Partner User Agreement, and shall apply in addition to any other disciplinary or contractual measures the Company may choose to enforce.

3.14 Statements Regarding Products, Licenses, and Intellectual Property Rights

Any Partner User who operates a store in the Brain Musik Marketplace, acting as a Creator Artist or Seller, represents and warrants that each of the products listed—including but not limited to beats, lyrics, melodies, cover art, animations, visuals, or other creative content—is their original work and does not infringe any third-party intellectual property rights.

In the event that any of these products incorporate fragments, samples, or derivative elements from third-party works, the Partner User expressly affirms that they hold a valid, current, and legally granted license authorizing such use in full compliance with applicable commercial and legal standards.

Disclosure During Upload Process:

During the product upload process to their store, the Partner User must clearly disclose the existence of such license, including:

• The identification of the original rights holder;
• The type of license obtained;
• The specific terms and conditions of use;
• Any royalty or revenue share percentage due to the original rights holder, if applicable;
• Any other agreed-upon terms between the parties.

Verification and Documentation:

Brain Musik, LLC reserves the right to request, at any time, documentation evidencing the existence and legal validity of any declared license. Failure to provide such documentation, submission of false or misleading information, or refusal to comply may result in temporary suspension or permanent removal of the content from the Marketplace until its legal status is satisfactorily verified.

Restriction on Third-Party Licensed Content:

It is strictly prohibited to publish, resell, or transfer any content licensed to the Partner User by a third party, unless the Partner User holds an express, written, and legally valid authorization from the original rights holder permitting such resale or commercial use within the Brain Musik Marketplace. Violation of this provision shall constitute a serious breach of Brain Musik’s Policies and may result in contractual sanctions, including but not limited to: immediate removal of the content, suspension of the violator’s store, termination of the Partner User Agreement, and/or pursuit of appropriate legal action.

3.15 Income Claims

All Partner Users of Brain Musik, LLC must refrain from making any statements, representations, or communications—whether verbal, written, visual, or electronic—that imply or suggest earnings derived from the business model, unless such statements fully comply with all applicable legal disclosure requirements and have been expressly authorized in advance by the Company.

The following practices are strictly prohibited, without limitation:

• Displaying or publishing checks, bonus reports, or bank statements;
• Making verbal or written statements about past, present, or future income;
• Sharing financial projections, economic goals, or promises of specific monetary outcomes;
• Posting visual or audiovisual content depicting lifestyles allegedly funded by earnings (such as luxury vehicles, properties, vacations, jewelry, or other symbols of wealth or status).

Such practices are prohibited due to their potential to mislead, create unrealistic expectations, and violate consumer protection and advertising regulations.

Required Disclosure:

Should a Partner User wish to make an income-related claim that may be considered permissible, they must strictly adhere to the guidelines outlined in the official “Income Disclosure Statement” available on the official Brain Musik, LLC website, and obtain prior written approval from the Company before any such claim is published or disseminated.

3.16 Conflicts of Interest / Non-Solicitation

Partner Users of Brain Musik, LLC are free to participate in other businesses, including network marketing models, direct selling, or any other independent commercial opportunity. However, to protect the integrity of Brain Musik’s organizational community, the following restrictions apply:

Non-Solicitation Clause:

During the term of the Partner User Agreement and for a period of twelve (12) calendar months following its termination, the Partner User agrees not to recruit, invite, solicit, influence—directly or indirectly (including through third parties)—or attempt to enroll any other Brain Musik Partner User or User (Customer) into any other multi-level marketing model, network marketing system, direct selling opportunity, or similar affiliate-based business platform.

This restriction is global in scope, without geographical limitation, due to the digital and transnational nature of network marketing, and is fully enforceable in all territories where Brain Musik has active operations or registered members.

Definition of Prohibited Recruitment:

For purposes of this policy, the term “recruit” includes, but is not limited to:

• Contacting another Partner User or User (Customer) with the intent to promote another company;
• Sharing third-party business opportunities within Brain Musik-related contexts;
• Posting or sending messages that present external offers to current or former members of Brain Musik.

Additional Prohibitions:

The Partner User is expressly prohibited from:

• Displaying, promoting, or selling Brain Musik products in conjunction with non-affiliated products or services in presentations, events, websites, social media, or any other form of communication;
• Offering the Brain Musik business opportunity simultaneously with third-party commercial proposals, whether during live meetings, seminars, webinars, conventions, digital platforms, social media, or other public or private outreach channels.

3.17 Confidential Information and Trade Secrets

All Organizational Activity Reports, including genealogy data, sales volume, organizational structure, internal metrics, financial reports, Partner User and User (Customer) contact information, and any other data available through the back office or replicated website of the Partner User, constitute confidential information and proprietary trade secrets of Brain Musik, LLC. Such information is provided solely to support the management, motivation, supervision, and training of the Partner User’s commercial community within the Brain Musik ecosystem.

Access and Use Conditions

As a precondition for accessing such information, the Partner User expressly agrees and undertakes to:

• Not disclose, share, or reveal, directly or indirectly, the content, data, or structure of the Activity Reports to any unauthorized third party;
• Not use the information to compete, directly or indirectly, with Brain Musik, LLC or any of its subsidiaries or affiliates;
• Not contact, recruit, solicit, or attempt to re-enroll any active, inactive, or canceled Partner Users or Users (Customers) without their prior written consent;
• Not use the confidential information for any purpose outside the legitimate development of their business within the Brain Musik Platform;
• Not share, reproduce, copy, transfer, sell, transmit, or disclose the data to any individual, association, company, external platform, or entity not affiliated with Brain Musik, LLC;
• Not use any data obtained through the back office or replicated sites to promote other marketing programs, products, business opportunities, or any initiatives not expressly authorized by Brain Musik.

Obligation to Return or Destroy Information

Upon written request from Brain Musik, LLC, or following the termination, cancellation, or expiration of the Agreement, the Partner User agrees to:

• Return or destroy, as directed, all Activity Reports and related documents in any physical or digital format;
• Permanently delete any databases, files, contact lists, segmentations, or other compilations derived from the confidential information received;
• Strictly refrain from using, directly or indirectly, any such data after the termination of their contractual relationship with Brain Musik.

Survival of Confidentiality Obligations

The confidentiality obligations set forth in this section shall survive indefinitely beyond the termination, expiration, or cancellation of the Partner User Agreement, and shall remain fully enforceable to protect the commercial, strategic, and competitive interests of Brain Musik, LLC.

3.18 Cross-Sponsoring

Cross-sponsoring is strictly prohibited. This term refers to the direct or indirect enrollment of any individual or entity that:

• Currently has an active Agreement with Brain Musik, LLC; or
• Has had a prior Agreement within the past six (6) calendar months if their highest achieved rank was SuperStars or lower; or
• Within the past twelve (12) calendar months if their highest achieved rank was Elite or higher.

This restriction applies regardless of whether the new enrollment is conducted under a different name, business entity, family member’s name, pseudonym, alternate address, or alternative identification number (such as SSN, ITIN, EIN, or others), or any method intended to circumvent this policy.

All forms of deceptive, simulated, or disguised enrollments aimed at altering the organizational genealogy, relocating a Partner User, or modifying their original sponsorship line without following the formal procedures established are expressly prohibited.

This clause does not restrict or impair the right of a Partner User to formally transfer their Brain Musik business in accordance with the procedures outlined in the corresponding section of these Policies titled “Sale, Transfer, or Assignment of a Brain Musik Business.”

3.19  Reporting Errors and Adjustment Requests

Any Partner User who identifies potential errors, inconsistencies, or discrepancies related to commissions, bonuses, activity reports, charges, or any other account-related matters must formally notify Brain Musik, LLC’s Customer Service Department within sixty (60) calendar days from the date the alleged error occurred.
Failure to submit a claim or adjustment request within this period shall be deemed as acceptance of the records and amounts issued by the Company, and Brain Musik shall not be held liable for any unreported discrepancies.
All notifications must be submitted in writing and include sufficient information to allow the Company to conduct a reasonable and timely review. Brain Musik reserves the right to request additional documentation prior to issuing a resolution.

3.20 Publicity Rights

The Partner User irrevocably authorizes Brain Musik, LLC to use their name, photograph, video and/or audio recordings, personal story, testimonial, likeness, and any other related materials in the Company’s advertising, promotional, or public relations materials, in any format, medium, or technology, whether now known or hereafter developed.
The Partner User expressly waives any right to compensation, remuneration, or claims related to such use.

3.21 Prohibition on Governmental Approval Claims

Federal, state, and local regulatory agencies and officials do not approve or endorse direct selling or multi-level marketing companies, compensation plans, or products.
Accordingly, Users are strictly prohibited from representing, suggesting, or implying that Brain Musik, its Compensation Plan, or its products have been approved, endorsed, sanctioned, or authorized by any governmental agency.

3.22 Tax Responsibility of the Partner User

Each fiscal year, Brain Musik, LLC will issue IRS Form 1099-MISC, Non-Employee Compensation Statement, to all Partner Users residing in the United States or Puerto Rico who have earned income equal to or exceeding the minimum threshold established by the Internal Revenue Service (IRS) for the applicable fiscal year.
For Partner Users residing in other countries or jurisdictions outside the United States and Puerto Rico, Brain Musik, LLC may, at its sole discretion, provide income statements or documentation in accordance with applicable local legal requirements.
However, it is the sole responsibility of each Partner User to:

• Comply with all applicable local, state, federal, or international tax obligations in their country or jurisdiction of residence;
• Properly report any income generated through their independent participation in Brain Musik;
• Seek advice from competent tax or legal advisors to ensure compliance with all applicable tax laws.

Brain Musik, LLC will not withhold taxes on income earned by Partner Users and shall not be held liable for the calculation, reporting, withholding, or payment of any personal, corporate, or international taxes resulting from such income. The Partner User expressly agrees that it is their sole responsibility to comply with the applicable tax and fiscal laws in their place of residence or citizenship.

3.23 Status as Independent Partner User 

Partner Users of Brain Musik operate as independent contractors. The Agreement between Brain Musik, LLC and the Partner User does not create an employer/employee relationship, agency, partnership, joint venture, or franchise of any kind.
The Partner User shall not be considered an employee for federal, state, or local tax purposes, nor shall they have the authority to bind or obligate Brain Musik in any manner.

The Partner User:

• Shall establish their own schedules, goals, and methods of operation;
• Shall be responsible for paying all taxes derived from any compensation received;
• Must act independently in accordance with the Partner User Agreement, these Policies, and all applicable laws.

3.24 Compliance with Local Laws and Ordinances

• Review and audit, at any time, the ownership and control structure of businesses within its platform;
• Take corrective, suspensive, or disciplinary measures in the event of noncompliance with this provision;
• Cancel, merge, or restructure businesses found in violation, at its sole discretion, in order to protect the Company’s organizational stability.

Compliance with this policy is essential to maintaining the integrity, fairness, and balance of the Brain Musik commercial ecosystem.

3.27 Responsibility for Activities of Household Members or Associated Entities

Any activity carried out by a member of a User’s Household Unit which, if performed directly by the registered Partner User, would constitute a violation of the Partner User Agreement or these Policies and Procedures, shall be imputed to the Partner User as if they had personally committed the violation.Similarly, if any individual associated with or related to a corporation, partnership, limited liability company, trust, or other legal entity (hereinafter referred to as an “Entity Partner User”) engages in conduct that violates the Partner User Agreement or Brain Musik’s Policies, such violation shall be deemed to have been jointly committed by both the entity and each of its shareholders, partners, members, owners, or household members.

Accordingly, Brain Musik, LLC reserves the right to:

• Take disciplinary action against the Partner User, the entity, and/or the affiliated individuals, either individually or collectively;
• Impose sanctions, including but not limited to formal warnings, temporary suspensions, account termination, or legal action, as deemed appropriate and proportionate to the severity of the infraction.

These provisions are intended to safeguard the integrity, stability, and fairness of the Brain Musik commercial network.

3.28 Reassignment of a Partner User’s Community (“ROLL-UP”)

In the event of a cancellation, voluntary or involuntary termination, or resignation of a Partner User, Brain Musik, LLC may, at its sole and absolute discretion, relocate (via the technique known as "roll-up") all individuals from the first level of the terminated Partner User directly into the vacant position created. This relocation shall be performed with the objective of preserving the integrity of the commercial community, maintaining organizational structure, and protecting the interests of the Company and other active Partner Users.
The account of the terminated Partner User may be frozen or kept inactive in its original position until, at the exclusive discretion of Brain Musik, LLC:

• All legal, contractual, tax, or regulatory risks associated with said account have been resolved or eliminated;
• There are no pending disputes, investigations, claims, or proceedings that could affect the Company.

The decision to relocate, freeze, or maintain the account in its original position shall be final, non-appealable, and shall not give rise to any right to claim or compensation by the terminated Partner User or any third party.

3.29 Sale, Transfer, or Assignment of a Brain Musik Business

Although Brain Musik businesses are privately and independently owned, their sale, transfer, or assignment shall be strictly subject to the following conditions:

• The Partner User (Seller or Creator Artist) who owns the store must first offer Brain Musik, LLC a right of first refusal to acquire the business under the same terms, conditions, and price proposed to any third party;
• The existing sponsorship line must be preserved to maintain the organizational structure of the community intact;
• The buyer or assignee must fully comply with all requirements established to become a Brain Musik Partner User;
• If the buyer is already an active Brain Musik User, they must cancel their current account and comply with the inactivity period established in Section 3.12 before acquiring or assuming the new business;
• The Partner User (Seller or Creator Artist) must complete and submit the “Business Sale, Transfer, or Assignment Form” to the Brain Musik Customer Service Department for review and approval;
• All outstanding debts or financial obligations with Brain Musik must be fully settled prior to the sale or transfer;
• The Partner User (Seller or Creator Artist) must be in good standing, not in violation of the Partner User Agreement, and not subject to disciplinary action or investigation;
• Before offering the business for sale, the Partner User must notify Brain Musik’s Corporate Office in writing and obtain the required prior approval.

Such approval shall not be arbitrarily withheld, but Brain Musik, LLC may impose reasonable conditions to protect its interests.

Additional Conditions:

• The recognition rank achieved by the business prior to the sale does not automatically transfer to the buyer or assignee.
• Brain Musik, LLC reserves the right to assign the appropriate rank and benefits to the new holder at its sole discretion;
• If the business sold had earned prizes, incentive trips, or recognitions before the sale, the new holder shall not be eligible to enjoy such benefits awarded to the original holder;
• Brain Musik, LLC reserves the exclusive right to review, approve, or deny the transfer and to determine all terms, benefits, and recognitions applicable to the new Partner User.

Any sale, transfer, or assignment of a business that fails to meet the strict requirements set forth in this clause shall be null and may result in the immediate termination of the involved business.

3.30 Separation and Ownership Resolution of a Brain Musik Business

When a Brain Musik business is operated under the joint ownership of spouses, corporations, partnerships, limited liability companies (LLCs), or trusts, and a divorce, business dissolution, or entity separation occurs, the parties involved must take timely action to ensure that such separation:

• Does not negatively impact the stability of the sponsorship lineage;
• Does not harm the business interests of other dependent Partner Users within the organization;
• Does not compromise compliance with the contractual obligations assumed with Brain Musik, LLC.

Available Options for the Parties:

• One of the parties may continue operating the Brain Musik business, provided there is a formal assignment authorized in writing by both parties, duly notified and approved by Brain Musik;
• The parties may agree to continue jointly operating the business, with commissions paid into a joint account or in the name of the original legal entity.

If no valid formal solution is adopted, Brain Musik shall continue recognizing and issuing commission payments to the registered account holder in the Company’s system until:

• A final and applicable court resolution is issued, or
• A formal separation agreement is submitted and accepted by both parties and approved by Brain Musik.

If the separation negatively affects the normal operation of the commercial organization, compromises contractual obligations, or causes internal conflicts that jeopardize the organizational integrity, Brain Musik, LLC reserves the right to:

• Involuntarily terminate the involved Partner User Agreement;
• Apply a "roll-up" of the affected organization, as outlined in Section 6.3.

These measures are intended to protect operational continuity, ensure fairness among Partner Users, and safeguard the commercial interests of Brain Musik.

3.31 Consequences of Failure to Resolve Business Separation in Brain Musik

Under no circumstances shall a Brain Musik Marketing Organization be divided as a result of:

• A divorce between spouses, or
• The dissolution of a partnership, corporation, LLC, or trust.

The network structure must remain intact to preserve organizational stability and protect the collective interests of all Partner Users.

On Commissions and Bonuses:

The division of commissions, bonuses, awards, or other benefits generated by the Brain Musik business shall only be permitted with the prior written approval of Brain Musik, LLC and under terms deemed appropriate by the Company to avoid disruption within the network. Brain Musik shall at all times recognize only one valid Partner User Agreement per business.

Dispute Resolution Period:

If the parties involved in a divorce or dissolution fail to resolve their dispute over business ownership, commissions, or property rights within six (6) calendar months from the formal filing of the claim, Brain Musik may proceed to:

• Involuntarily terminate the Partner User Agreement;
• Reassign the affected Marketing Organization through a roll-up, in accordance with current Policies.

Re-Enrollment of Former Spouses or Former Entity Members:

If a former spouse or former entity member has formally and completely relinquished all rights to their previous Brain Musik business, that individual:

• May re-enroll as a Partner User under any available sponsor without being subject to any additional waiting period;
• Shall have no right, claim, or access to any Customers or Users that previously formed part of their former Marketing Organization.

The development of a new business must occur under the same conditions as any other new Brain Musik Partner User.

3.32 Sponsorship and Sponsor Selection

All active and compliant Partner Users of Brain Musik have the right to sponsor and enroll new Users or Partner Users into the Platform, in accordance with the current Policies and Procedures.

Right to Choose a Sponsor:
Each prospect or new User / Partner User has the exclusive right to freely choose their own sponsor at the time of enrollment into Brain Musik.

Sponsorship Conflicts:
In the event that multiple Partner Users claim to be the sponsor of the same prospect, Brain Musik, LLC will recognize as the legitimate sponsor:

• The Partner User whose enrollment form was received first by the Company;
• Provided that the form meets all required criteria and is duly completed.

The Company will not intervene or modify sponsorships based on personal disputes, verbal statements, incomplete documents, or unverified promises. The "first received" standard shall be final and binding.

3.33 Transfer Upon Death of a Partner User

In the event of the death of a Partner User, the Brain Musik business under their ownership may be transferred to their heirs or beneficiaries, provided the following requirements are met:

• The appropriate legal documentation confirming the valid transfer of ownership rights must be submitted to Brain Musik, LLC, in accordance with applicable laws in the relevant jurisdiction.

• It is strongly recommended that each Partner User consult a qualified attorney to prepare a will or testamentary instrument that explicitly addresses the disposition of their Brain Musik business.

Procedure for Testamentary Transfer:
If a Brain Musik business is to be transferred by testamentary disposition, the executor or estate administrator must:

• Provide letters testamentary, certificates of administration, or other valid court-issued documents establishing legal authority;
• Submit written and signed instructions regarding the disposition of the business;
• Provide the original death certificate of the deceased Partner User and a notarized copy of the will, trust, or other document that establishes the beneficiary’s right to inherit the business.

The designated heir or beneficiary must also:

• Execute and submit a new Partner User Agreement and any additional forms or documents required by Brain Musik;
• Fully comply with the Company’s current terms, conditions, and policies applicable to Partner Users.

Recognition of Rank and Benefits:
Brain Musik, LLC reserves the exclusive right to:

• Determine whether the previously achieved recognition rank of the business will be transferred in full, in part, or whether it must be adjusted in accordance with internal policies;
• Assess whether qualification requirements are met to maintain or reassign benefits or recognitions.

The transfer of a business due to death is subject to final review and approval by Brain Musik, LLC to safeguard the organizational stability and the Company’s commercial interests.

3.34 Transfer upon Incapacity of a Partner User

In the event of a legally recognized incapacity of a Partner User, ownership and operation of their Brain Musik business may be transferred to a duly appointed fiduciary, subject to the following conditions:

The fiduciary must submit the following documentation to Brain Musik, LLC:

• A certified copy of the court order officially appointing them as the fiduciary with authority over the business;
• Written and signed instructions from the fiduciary regarding the administration of the Brain Musik business;
• A new Partner User Agreement, duly completed and signed by the fiduciary on behalf of the incapacitated Partner User.

The designated fiduciary shall:

• Operate and manage the Brain Musik business in full compliance with the terms, conditions, and current Policies of the Partner User Agreement;

• Fulfill all performance and qualification requirements that originally applied to the incapacitated Partner User in order to maintain their rank and benefits.

If the fiduciary fails to meet the qualification requirements necessary to maintain the rank previously achieved by the incapacitated Partner User:

• The business shall be compensated solely according to the rank actually achieved during each applicable bonus period.

Brain Musik, LLC reserves the exclusive right to:

• Determine whether the previously assigned recognition rank will be maintained, adjusted, or reassigned according to internal policies;
• Periodically evaluate compliance with operational requirements to ensure the stability and integrity of the commercial organization.

4.1 Understanding the Brain Musik Business Model

Brain Musik, LLC operates under a direct sales model, through which its products and services are marketed directly to the end consumer by its Partner Users, via one-on-one personal interactions.

The fundamental purpose of this model is to provide Clients, Performing Artists, Record Labels, and other stakeholders in the music industry with the opportunity to:

• Receive detailed and accurate information regarding the products and services offered by Brain Musik;
• Be personally guided throughout their purchasing process or during their onboarding into the Brain Musik community and collective.

The role of a Partner User who chooses to build a business within Brain Musik includes, among others, the following essential responsibilities:

• Direct sale of Brain Musik’s products and services to Clients, Performing Artists, Record Labels, and other interested parties, strictly in accordance with the standards of quality, ethics, and transparency established by the Company;
• Personal and direct enrollment of new Partner Users in compliance with Brain Musik’s authorized one-on-one sales model, while avoiding misrepresentations, false statements, deceptive practices, or any violations of the Company’s Policies and Procedures.

Partner Users must conduct themselves at all times with:

• Integrity, honesty, respect, and professionalism;
• Full compliance with all applicable consumer protection laws, regulations, and ethical standards governing the practice of direct selling in their respective jurisdictions.

Brain Musik, LLC reserves the right to monitor, investigate, and sanction any conduct that, in its sole discretion, negatively impacts the reputation, integrity, or stability of its business model.

4.2 Updating Contact, Financial, and Registration Information

Since Brain Musik, LLC operates through digital platforms and does not ship physical products, it is the sole responsibility of each Partner User to maintain the following information on their Partner User account accurate, up to date, and valid at all times:

• Registered residential address;
• Contact phone number;
• Primary email address for official communications and digital downloads;
• Bank account information (for commission payments);
• Registered credit or debit card details (for membership payments and personal volume compliance).

Importance of Data Updates:

Keeping this information current is essential to:

• Process and transfer earned commissions in a timely manner;
• Ensure the active continuity of the Partner User’s enrollment in the system;
• Provide uninterrupted access to the platform’s functions, digital products, licenses, and related services;
• Facilitate the resolution of technical issues related to downloads, licenses, or access.

Update Procedure:

Any changes to the aforementioned data must be reported and updated in the Partner User’s account through the channels provided by Brain Musik, with at least two (2) weeks' notice prior to the effective date of the change, where foreseeable.

Consequences of Omission:

Failure to fulfill this obligation may result in:

• Loss or delay in the receipt of commissions or payments;
• Cancellation of membership due to non-payment of renewal fees;
• Temporary suspension of access to the platform and its features;
• Difficulty resolving technical or administrative issues.

Brain Musik, LLC shall not be held liable for any economic loss, suspension of benefits, or operational failures resulting from outdated, inaccurate, or incomplete information provided by the Partner User.

4.3 Continuous Development and Ongoing Training

Any Partner User who acts as a sponsor or recruiter of another Partner User within Brain Musik is encouraged to take on a genuine and continuous supervisory role, aimed at:

• Supporting the proper development of their downline’s business;
• Promoting accurate understanding and execution of the Brain Musik business model.

Sponsor Responsibilities:

Sponsors are expected to maintain regular contact and provide effective supervision and support to their teams using, among others, the following methods:

• Issuance of informational newsletters;
• Professional written correspondence;
• In-person or virtual meetings;
• Communication via telephone, voice messages, or email;
• Participation in meetings, training sessions, corporate events, and other official Brain Musik activities.

Key Training Areas:

Sponsors are also encouraged to motivate, educate, and train new Partner Users or Clients in the following areas:

• In-depth knowledge of Brain Musik’s products and services;
• Application of effective and ethical sales techniques;
• Comprehensive understanding of the Brain Musik Compensation Plan;
• Strict adherence to all provisions set forth in the Brain Musik Policies and Procedures.

Ongoing commitment to the training and supervision of one’s downline not only strengthens individual and collective growth but also promotes the maintenance of quality, integrity, and reputation across the Brain Musik community.

4.4 Increased Training Responsibilities

As Partner Users advance through the various leadership levels within Brain Musik, they are expected to gain increased experience and skills in key areas, including:

• Effective sales techniques;
• Detailed knowledge of Brain Musik’s products and services;
• Comprehensive understanding of the Compensation Plan and the Company’s Policies and Procedures.

In light of their advancement and accumulated experience, Brain Musik, LLC may request that such Partner Users:

• Actively participate in the training and development of less experienced Partner Users within their Marketing Organization;
• Share knowledge, strategies, and best practices in an ethical, professional, and constructive manner;
• Serve as positive leadership role models, reinforcing the standards of quality, integrity, and compliance established by the Company.

Active leadership engagement in training, supervision, and mentorship is fundamental to ensuring long-term sustainability, collective growth, and the strengthening of the Brain Musik community, while promoting a culture of excellence, integrity, and compliance in all operations.

4.5 Ongoing Sales Responsibilities

Regardless of their rank, leadership position, or tenure within Brain Musik, all Users are encouraged and recommended to:

• Actively and consistently promote the sale of Brain Musik products and services;
• Generate new Clients and Partner Users, contributing to the strengthening of the commercial organization;
• Maintain high standards of customer service, personalized support, and satisfaction within their existing customer base.

Continuous sales activity is not only a recommended practice, but an essential factor that:

• Supports the sustainable growth of each User’s marketing organization;
• Fosters stability, cohesion, and vitality within the Brain Musik community;
• Reinforces the direct selling culture and business model upon which Brain Musik is founded.

Importance of Personal Commitment:

The active commitment of Partner Users to consistently generate sales, expand their customer base, and deliver high-quality post-sale service is indispensable for:

• Their personal and business success;
• The longevity and positive reputation of the Brain Musik ecosystem.

Brain Musik, LLC promotes and recognizes ongoing effort as a practice aligned with the principles of organic growth, ethical leadership, and operational excellence.

4.6 Prohibition of Disparagement

Brain Musik, LLC is committed to providing its Partner Users with high-quality products, a competitive compensation plan, and outstanding service within the music and direct selling industries. The Company values and encourages constructive criticism and responsible feedback, which must be submitted in writing exclusively through the Brain Musik Customer Service Department for review and potential implementation.

Restriction on Negative Comments:

However, any negative public comment, statement, or expression made by Users regarding:

• Brain Musik, LLC;
• Its products and services;
• Its Compensation Plan;
• Other Brain Musik Users;
• The Company’s directors, executives, officers, or employees;

has the potential to negatively impact morale, enthusiasm, productivity, and the public perception of both other Partner Users and the broader market. For this reason, and to set the proper example of leadership and professionalism within their downline organization, Partner Users must strictly refrain from discrediting, denigrating, defaming, or making negative remarks about any of the parties listed above.

4.7 Providing  Documents to Applicants

As part of their ethical and operational responsibilities, sponsoring Partner Users must provide each prospective applicant they are sponsoring with:

• A current copy of Brain Musik, LLC’s Policies and Procedures and/or Terms and Conditions; and
• The most recent version of the Brain Musik Compensation Plan.

This delivery must be made before the applicant proceeds to complete their enrollment and electronically sign the Partner User Agreement.

Importance of Transparency and Prior Education:

The delivery of these documents is intended to ensure that new Partner Users:

• Properly understand their rights, obligations, the structure of the Compensation Plan, and the overall functioning of the Brain Musik business model before formalizing their participation;
• Are adequately informed and educated in accordance with the Company’s standards of ethics, transparency, and professionalism.

Electronic Acceptance of Terms and Conditions and/or Policies and Procedures:

The Brain Musik digital platform requires that, prior to payment of any membership or registration fee, applicants:

• Review the current Terms and Conditions and/or Policies and Procedures;
• Expressly consent to them by clicking acceptance ("clickwrap agreement").

Such electronic acceptance constitutes binding consent and creates a valid and enforceable contract between the Partner User and Brain Musik in accordance with applicable law.

Obtaining Documents:

Partner Users may request additional copies of the Policies and Procedures and the Compensation Plan through the Brain Musik Customer Service Department, or download the most updated versions directly from the Company’s official website.

Warning on Omissions:

Failure by the sponsor to deliver these informational documents may be deemed an improper practice and, where applicable, may result in warnings or corrective measures in accordance with these Policies.

4.8 Reporting of Policy Violations

Any User Partner who observes or becomes aware of an actual or potential violation of these Policies and Procedures by another User must immediately report it to the Compliance Department of Brain Musik, LLC.

Report Requirements:

The report must be submitted in writing and must contain at least the following information:

• A detailed description of the alleged violation;
  
  
• Dates and locations where the events occurred;
  
  
• Approximate number of occurrences, if more than one;
  
  
• Identification of the individuals involved;
  
  
• Any supporting documentation, screenshots, emails, recordings, or other evidence that may substantiate the complaint.
  
  

Handling of Reports:

All reports will be handled confidentially to the extent permitted by law and in accordance with Brain Musik’s internal investigative policies.

The submission of good-faith reports is essential to protect the integrity of the Company, its business model, and its community of Clients or User Partners.

Malicious, unfounded, or retaliatory reports made with the intent to harm another User Partner may be deemed a serious violation and result in disciplinary action against the reporting party.

Importance of Compliance:

Proactive compliance with this obligation by User Partners contributes to:

• Preserving an environment of ethics, legality, and professionalism within Brain Musik;
  
  
• Preventing reputational harm to the Company and its community of Clients or User Partners;
  
  
• Protecting the stability and sustainability of the Brain Musik ecosystem.
  
  

4.9 Store Health Status

Each store operated by a User Partner (Creative Artist or Seller) within the Platform is subject to an internal evaluation system referred to as the Health Status, designed to assess compliance with policies, operational performance, and the quality of service provided by the User Partner.

The Health Status is represented by an initial score of 100 points, which may increase or decrease based on the vendor’s conduct, performance, and store management within the Marketplace.

Factors that Decrease Health Status:

The score may be reduced, either automatically or manually by the Brain Musik, LLC team, in the following cases:

• Pricing that is excessively high or disproportionate to Marketplace standards or the experience level of the User Partner (Creative Artist or Seller);
  
  
• Prolonged inactivity in the store, especially if no new content is uploaded for more than ninety (90) consecutive days;
  
  
• Failure to respond to customer inquiries, messages, or requests within a reasonable timeframe (up to 30 days);
  
  
• Use of offensive, derogatory, or unprofessional language in communications with users, customers, or other User Partners;
  
  
• Violation of internal policies, including ethical breaches, publication of prohibited content, or repeated inappropriate conduct;
  
  
• Poor store management, such as incorrect license settings, incomplete data, lack of proper accreditation, plagiarism, or infringement of third-party rights.
  
  

Factors that Improve Health Status:

The Health Status score may progressively increase when the User Partner demonstrates exemplary performance, ongoing commitment to the Platform, and notable compliance with operational policies. Contributing factors include:

• Frequently uploading new content and keeping the catalog active and updated;
  
  
• Receiving positive reviews or recommendations from buyers following successful transactions;
  
  
• Maintaining a consistent sales volume that demonstrates customer trust and demand;
  
  
• Strict compliance with the terms and conditions outlined in license or transfer agreements;
  
  
• Active participation in internal promotions, creative challenges, or community events organized by Brain Musik to encourage visibility;
  
  
• Building a strong and active community around the store profile, as reflected in follower engagement, buyer retention, and strengthening of identity as a creator on the Platform.
  
  

Impact and Benefits of Health Status:

The Health Status will directly impact the store’s visibility, positioning, and eligibility within the Marketplace. A high score reflects responsible, active management in alignment with Brain Musik’s policies, while a low score may result in the following:

• Increased exposure in internal search results and featured categories;
  
  
• Preferential access to exclusive tools, beta features, promotions, and featured spots in official campaigns;
  
  
• Participation in internal events and other forms of economic or visibility incentives.
  
  

A consistently low Health Status may result in:

• Limited store and product visibility, searchability, or positioning within the Marketplace;
  
  
• Temporary or permanent suspension of the store, especially in cases of negligence, repeated offenses, or serious noncompliance;
  
  
• Partial or full withholding of earnings generated if the misconduct involves fraud, third-party rights violations, or contractual breaches affecting the Company or other users.

4.10 Penalties and Review Procedures

Brain Musik, LLC reserves the right to investigate, audit, and sanction any conduct, action, or omission that constitutes a direct or indirect violation of Marketplace policies, applicable law, or the institutional and ethical principles of the Company.

Upon identifying a potential violation, the Company may initiate an Internal Review Process, which may include, but is not limited to:

• Temporary suspension of the store and its operations until the case is resolved;
  
  
• Formal request for information, evidence, or statements from the involved seller;
  
  
• Manual evaluation of content, license history, messages, or other relevant materials;
  
  
• Consultation with legal and/or technical advisors to determine the scope, impact, and legality of the infraction.
  
  

Resulting Sanctions May Include, Without Limitation:

• Formal warnings documented on the User Partner’s profile;
  
  
• Reduction of the store or account’s Health Status score;
  
  
• Partial or full withholding of income related to content involved in the violation;
  
  
• Permanent removal of content linked to the infraction;
  
  
• Permanent suspension of the violating User Partner, including forfeiture of benefits, income, or rights previously acquired within the Platform.
  
  

Such measures may be executed without prior notice in cases where the conduct represents a significant threat to the operation, reputation, or legal stability of Brain Musik, LLC.

‍

5.1 Product Sales‍

The Compensation Plan of Brain Musik, LLC is based on the direct sale of products and services to Clients and User Partners.

Personal Sales Responsibility:
To be eligible to receive:

• Bonuses;
• Commissions;
• Recognitions;
• Rank advancements within the current Compensation Plan;

User Partners must:

• Fulfill the personal sales requirements established in the Compensation Plan (also referred to as Personal Volume Points or PV);
• Fully comply with all responsibilities, conditions, and obligations set forth in the User Partner Agreement and in the applicable Policies and Procedures of Brain Musik.

Importance of Compliance:
Compliance with the personal sales requirements is essential to:

• Maintain eligibility for economic incentives such as bonuses and commissions;
• Strengthen the sustainability and growth of the commercial community of Brain Musik;
• Ensure that commissions and economic benefits are derived from genuine and lawful commercial activity in accordance with the ethical and legal principles of direct selling.

Brain Musik, LLC reserves the right to audit sales activities to ensure compliance with these obligations and to withhold or adjust payments in the event of non-compliance.

5.2 No Price or Territory Restrictions

Sale of Brain Musik Products:
Brain Musik, LLC does not grant exclusive territories to any User Partner.
No franchise fees are charged for operating a Brain Musik business.

Within the framework of personal direct sales and the official Brain Musik Marketplace, Clients and User Partners may:

• Sell products at prices freely determined by them, provided that such sales occur within the Brain Musik Marketplace;
• Establish their own sales conditions for products offered within the Marketplace;
• Sell bundled packages including more than one Brain Musik product, provided that the applicable license or original acquisition terms of such products allow it.

Restrictions on Sales Through External Websites:
Users and/or User Partners may not sell products that have been previously listed or uploaded to the Brain Musik Marketplace through any external website other than the official replicated site of Brain Musik.
This prohibition includes any modality of sale, offering, sublicensing, or distribution not expressly authorized by Brain Musik, LLC.

Specific Prohibitions:
The use of non-affiliated third parties to commercialize products through the following means is strictly prohibited:

• Unauthorized online stores;
• Third-party e-commerce websites;
• Third-party forums or unofficial marketplaces.

Conditions on Use and Commercialization of Products:
The use, combination, modification, or commercialization of Brain Musik products shall be subject to the terms, limitations, and rights established in the original license granted to the Client or User Partner at the time of purchase.
Any act that contravenes the license terms, including unauthorized sales, sublicenses, or modifications, is strictly prohibited.

Incentive to Use the Official Replicated Site:
Brain Musik, LLC actively encourages User Partners to carry out their sales through their official replicated website, ensuring:

• Consistency in pricing and conditions;
• Transparency and commercial protection;
• Compliance with the Commercial Policies and the User Partner Agreement.

5.3 Proof of Purchase and License

At Brain Musik, LLC, the only valid proof of purchase for products and services is the digitally generated license document issued upon completion of the transaction, which may take one of the following forms:

• Exclusive License;
• Full Rights Transfer.

License Download:
Upon completion of the purchase, the Client will be granted immediate access to download their official license, which constitutes:

• The legal proof of acquisition of the product or service;
• Evidence of the rights granted over the work in accordance with the terms and conditions in effect at the time of purchase.

Post-Purchase Registration and Management Obligations:
It is the sole responsibility of the Client, User, or User Partner to:

• Retain the downloaded license document as proof of the rights acquired;
• Register, where applicable, the use of the work in accordance with relevant legal requirements;
• Report or collect royalties arising from the commercial exploitation of the work, either on their own behalf or on behalf of any residual rights holders, in accordance with the terms stipulated in the acquired license.

Responsibility of Brain Musik:
Brain Musik, LLC shall maintain internal records of all licenses issued and transactions conducted through its platform.
No additional sales receipts will be issued outside of the official digital licensing system.

Legal Importance of the License:
The downloaded license document shall constitute the sole legally valid instrument evidencing the rights acquired by the Client, User, or User Partner with respect to any product or service obtained through Brain Musik.

6.1 Qualification for Bonuses and Commissions

To qualify and be eligible to receive bonuses, commissions, and other financial incentives set forth in the Brain Musik Compensation Plan, the User Partner must meet the following requirements:

• Maintain an Active Membership by fulfilling the corresponding renewal payments and meeting the activity requirements set forth in the Compensation Plan;
• Fulfill the minimum personal and organizational activity requirements in accordance with the current definitions of the Compensation Plan;
• Be in full compliance with the User Partner Agreement, these Policies and Procedures, and all other rules, terms, and conditions established by Brain Musik, LLC.

Payment of Commissions and Bonuses:
As long as the User Partner complies with all the above conditions:
Brain Musik, LLC shall pay commissions, bonuses, and other financial incentives earned by the User Partner in accordance with the terms, formulas, payment structures, and requirements established in the current Compensation Plan.

Failure to maintain Active Membership, failure to meet the activity requirements, or any breach of the Agreement may result in the forfeiture of rights to any accrued commissions or bonuses, without prejudice to other disciplinary measures provided for in these Policies.

6.2 Adjustment to Bonuses and Commissions Due to Repurchase Products

At Brain Musik, LLC:
No returns of products, licenses, or services purchased by Users (Clients) or User Partners shall be accepted.
All license and rights transfer sales are deemed final, binding, and non-refundable.

Exclusive Company-Managed Buyback Policy:
Exceptionally, and at the sole discretion of Brain Musik, LLC:
The Company may offer the User (Client) or User Partner a buyback option for the purchased product, for a payment equal to only twenty percent (20%) of the original amount paid;
Buybacks will only be permitted if the product or license has not been downloaded. If the download has occurred in whole or in part, no right to a buyback shall exist;
Only Brain Musik, LLC holds the exclusive authority to conduct buyback operations.
Original selling Users (Clients) or User Partners are not authorized to manage, negotiate, or execute any buyback of products sold.

Impact on Bonuses and Commissions:
Where a valid buyback is performed by Brain Musik, LLC under the established conditions:
The bonuses and commissions previously attributed to the original sale shall be adjusted, deducted, or withheld from the User Partner who received such financial benefits;
The adjustment shall apply even if the buyback amount equals the original sale value, as the buyback impacts the actual sales volume required for qualification of bonuses and commissions.

Retention Policy:
If the buyback affects personal volume (PV), group volume (GV), or any other metric used to qualify for bonuses or compensation, Brain Musik, LLC may:

• Withhold, in whole or in part, the generated commissions and bonuses;
• Make deductions from subsequent payments until the corresponding amount is recovered.

Brain Musik, LLC reserves the right to audit, verify, and correct any compensation affected by buybacks to ensure the fairness of the compensation system and full compliance with the current Compensation Plan.

6.3 Unclaimed Commissions and Credits

With respect to commissions, bonuses, or credits that remain unclaimed and relate to User Partners whose Agreement has been terminated or canceled:
Brain Musik, LLC shall fully comply with the applicable escheat and unclaimed property laws in each relevant state or jurisdiction;
Pursuant to such laws, unclaimed funds must, after the legally established period of inactivity or abandonment, be remitted to the appropriate state authority.

Transaction Fee:
Brain Musik, LLC may apply a reasonable administrative transaction fee to unclaimed commissions or credits prior to their transfer, as compensation for the costs associated with the handling, processing, and reporting of such funds;
Such fee shall be reasonable and within the limits established by applicable law.

The User Partner acknowledges and agrees that failure to timely collect commissions or credits may result in the loss of such funds pursuant to applicable state unclaimed property regulations.

6.4 Availability of Commission Earnings

At Brain Musik, User Partners whether artists, creators, or sellers— who own or manage a store on the platform are entitled to receive earnings generated from their commercial activities, in accordance with the following conditions regarding the availability and withdrawal of commissions:

Direct Sales Commissions:
Commissions earned from direct sales of products or services within the User Partner's store will be available for withdrawal once the transaction has been properly completed, verified, and confirmed by the system.
The processing of these commissions is carried out within a maximum period of seventy-two (72) days from the closing date of the sale, during which the fulfillment of the transaction terms is validated, and the integrity of the process is ensured. Once this period is completed, the funds will be enabled for withdrawal through the methods available on the platform.

Collective Program Commissions:
The Collective Program allows User Partners to generate additional income through the commercial performance of their community within the Brain Musik ecosystem.
Commissions generated by your personal invites and those invited by your community are calculated on a monthly basis. The monthly cycle closes on the last day of each calendar month (either the 30th or 31st), at 9:59 p.m. (Eastern Time). All sales volume generated up to that time will be included in the commission calculation for the corresponding month.
Commissions generated by your community will be available for withdrawal starting on the fifth (5th) day of the following month, provided that the activity verification policies and conditions established by Brain Musik are met.

Additional Notes:

• Brain Musik reserves the right to apply anti-fraud controls and identity verification measures before authorizing any fund withdrawals.
• It is the responsibility of the User Partner to keep their banking and tax information up to date to ensure the timely processing of withdrawals.
• In the event of any irregularity or dispute regarding sales volume or calculated commissions, an internal review process will be initiated according to the procedures established by the platform.

7.1 Product Warranty

At Brain Musik, LLC:
All products and services offered on the platform consist of digital works, such as lyrics, melodies, musical compositions, beats, cover artwork, videos, animations, and other creative content related to the music industry.

Originality Warranty by Creator or Seller:
Each User Partner (Creator or Seller) who owns a store within Brain Musik expressly warrants that:

• The work offered is 100% original;
• It is their exclusive authorship, or they possess the necessary rights to offer the work;
• In the case of joint or collaborative works, they have prior and valid authorization from the original creator to sublicense or sell the corresponding rights, always in accordance with the terms and conditions set forth in the original license applicable to said work;
• The work offered does not infringe any third-party intellectual property rights, including copyrights, trademarks, rights of publicity, or any other rights protected under applicable law.

Limitation of Liability of Brain Musik:
Brain Musik, LLC acts solely as a technological intermediary between sellers and buyers within its marketplace ecosystem;
It assumes no responsibility for the accuracy, originality, legality, or quality of the works offered by User Partners.
In the event of any claim, dispute, or conflict relating to the authenticity, copyright, or other intellectual property rights of an acquired work:
The buyer and seller shall be solely responsible for resolving the matter between themselves,
Thereby releasing Brain Musik, LLC from all liability.

Non-Applicability of Returns:
Due to the digital and irrevocable nature of the products and services offered through Brain Musik:
No returns, cancellations, or refunds shall be accepted once the purchase is completed or the corresponding digital license has been downloaded.
The only applicable exception shall be the limited circumstances set forth under the official Buyback Policy of Brain Musik, which shall be subject to its specific terms and conditions.

7.2 No Returns of Digital Licenses

Due to the digital, intangible, and irrevocable nature of the products and services offered through Brain Musik, LLC:
No returns, cancellations, or refunds shall be accepted for digital licenses, creative works, or any content purchased through the platform.
Once the purchase is completed, and in particular, once the digital license or product has been downloaded, the transaction shall be deemed final, firm, and non-reversible.

Acknowledgment and Acceptance:
The Client, User, or User Partner expressly acknowledges and agrees that, by purchasing any of the following content offered through Brain Musik:

• Beats;
• Lyrics;
• Melodies;
• Cover artwork;
• Graphic designs;
• Visual artwork;
• Videos;
• Animations;
• Or any other related creative content;
  they assume the obligation to respect the definitive nature of the transaction.

Limited Exception:
This no-return policy shall apply absolutely, except as expressly provided under the Buyback Policy described in the following section and subject to its specific terms and conditions.

7.3 Limited Buyback Policy (Administered by Brain Musik)

Brain Musik, LLC establishes a limited and exclusive buyback policy under the following conditions:

Exclusive Buyback by the Company:
Only Brain Musik, LLC is authorized to carry out buyback transactions of products or licenses acquired on the platform.
No User, User Partner, or store owner is authorized to perform buybacks, reversals, or reacquisitions of products previously sold through the Marketplace.

Conditions for Buyback:
Buyback may only be requested under exceptional circumstances and is subject to the exclusive approval of Brain Musik, LLC;
The product or license subject to buyback must not have been downloaded by the original purchaser;
The purchaser must agree to pay only 20% of the original purchase price as a condition for the buyback;
If the product has been downloaded, either partially or in full, there shall be no right to a buyback under any circumstance.

Buyback Procedure:
The interested Client or User Partner must contact the Brain Musik Customer Service Department directly;
Brain Musik will evaluate each request on a case-by-case basis and, in its sole discretion, approve or deny the buyback transaction in accordance with its internal policies.

Violation of Policy:
Failure to comply with this policy, including any unauthorized buyback attempts between User Partners, may be deemed a serious violation and may result in contractual sanctions, including the termination of the User Partner Agreement.

8.1 Disciplinary Sanctions

A violation by a User Partner of the User Partner Agreement, these Policies and Procedures, or the commission of any illegal, fraudulent, deceptive, or unethical conduct may, at the sole discretion of Brain Musik, LLC, result in the imposition of one or more of the following disciplinary actions:

• Issuance of a written warning or reprimand;
• Requirement for the immediate implementation of corrective measures by the User Partner;
• Loss of privileges associated with the Brain Musik business, including but not limited to, loss of access to the official replicated website;
• Forfeiture of one or more earned bonuses and commissions;
• Full or partial withholding of bonuses and commissions during the period in which Brain Musik investigates the alleged violation.

In the event that the User Partner’s business is terminated for disciplinary reasons, the User Partner shall permanently forfeit any right to recover commissions withheld during the investigative process.

Additional disciplinary actions may include:

• Loss of official recognitions, including mentions in corporate materials, participation in official events, special awards, and incentive travel;
• Temporary suspension of the User Partner Agreement for one or more bonus periods;
• Involuntary and permanent termination of the User Partner Agreement;
• Any other corrective measure permitted under the provisions of the Agreement or reasonably deemed necessary by Brain Musik, LLC to remediate or mitigate the damages caused.

In cases deemed appropriate by Brain Musik, LLC, the Company may initiate legal proceedings to seek monetary compensation, damages, and/or equitable relief to protect its commercial and reputational interests.

8.2 Complaints and Claims

When a User or Affiliate User of Brain Musik has a complaint, grievance, or dispute related to the conduct, commercial activity, or contractual compliance of another Affiliate User within the Brain Musik ecosystem, they must:

• Submit the complaint or grievance in writing to the Compliance Department of Brain Musik, LLC;
• The complaint must include a detailed description of the facts, including:
  
  • Identification of the parties involved;
  • Relevant dates;
  • Any available evidence (emails, screenshots, contracts, messages, etc.);
  • The specific nature of the alleged violation or conduct giving rise to the complaint.

Evaluation Process:

Brain Musik, LLC shall evaluate the complaint in accordance with its internal compliance procedures;

The Company reserves the right to request additional information from the involved parties;

Brain Musik, LLC may, at its sole discretion, impose such disciplinary or corrective measures as it deems appropriate in accordance with these Policies and Procedures.

The complaining Affiliate User must refrain from publicly disclosing or discussing the dispute while the matter is under internal review by Brain Musik. Failure to comply with this provision may constitute an additional violation of the Affiliate User Agreement.

8.3 Appeals of Sanctions

Following the imposition of a disciplinary sanction (excluding cases of temporary suspension pending investigation), the sanctioned Affiliate User shall have the right to appeal the decision in accordance with the following procedure:

Filing the Appeal:

The Affiliate User must submit their appeal in writing to the Compliance Department of Brain Musik, LLC;

The appeal must be received within fifteen (15) calendar days from the date of official notification of the sanction.

Requirements for the Appeal:

• It must be duly signed by the sanctioned Affiliate User;
• It must include a detailed explanation of the specific reasons why the sanction is believed to be erroneous or unjustified;
• It must include all relevant supporting documentation or evidence for the reconsideration of the case.

Review and Resolution of the Appeal:

Brain Musik, LLC will review the appeal and all submitted documentation;

The Company may, at its sole discretion, request additional information prior to issuing its final decision;

The Company will reconsider the sanction and notify the Affiliate User of its final decision in writing, which shall be final and binding.

Failure to Submit an Appeal:

If the Affiliate User fails to submit an appeal within the specified fifteen (15) day period, the imposed sanction shall be deemed final, irrevocable, and not subject to further appeal.

8.4 Dispute Resolution

Mandatory Pre-Arbitration Mediation for Claims of $10,000 or More:
For any dispute, controversy, or claim with a value of ten thousand U.S. dollars (USD $10,000) or more, the parties must first attempt to resolve the matter through confidential and non-binding mediation before initiating arbitration proceedings.

Mediation Procedure:

• The parties shall mutually agree to appoint a neutral mediator;
• If no agreement is reached, a mediator shall be appointed by the American Arbitration Association (AAA);
• The mediation must be conducted within sixty (60) days from the date the mediator is appointed;
• The costs of the mediator and the mediation shall be equally shared by the parties;
• Each party shall bear its own attorneys' fees and individual expenses.

Location of Mediation:
Mediation shall take place in the State of Florida, unless the jurisdiction or legal restrictions of the User or Affiliate User prevent them from leaving their country of residence.
In such cases, the parties shall agree on an alternate location where the mediation may be held.
Mediation shall not exceed two (2) business days.

Binding Arbitration:
Any dispute that is not resolved through mediation, as well as any dispute involving less than USD $10,000, shall be resolved by final, binding, and confidential arbitration.

Arbitration Terms:

• Arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and Mediation Procedures available at www.adr.org;
• The arbitration shall be governed by the following terms:
  
  • The Federal Rules of Evidence shall apply;
  • Discovery shall be conducted in accordance with the Federal Rules of Civil Procedure;
  • Motions may be filed pursuant to Rule 12 and/or Rule 56 of the Federal Rules of Civil Procedure;
  • The Federal Arbitration Act shall govern all arbitration matters;
  • The substantive law of the State of Florida shall govern all other related matters;
  • The arbitration hearing shall commence within three hundred sixty-five (365) days from the date the arbitrator is appointed;
  • Each party shall be allotted equal time to present their case and evidence;
  • Arbitration shall be conducted on an individual basis. Class, consolidated, or representative arbitrations are strictly prohibited;
  • The seat of arbitration shall be [INSERT CITY], Florida.

Costs and Fees:
Each party shall be responsible for its own arbitration costs, including legal fees, filing fees, and administrative costs.

Final Award and Confidentiality:
The arbitral award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The entire arbitration process, including but not limited to:

• The subject matter of the dispute;
• Submissions and evidence;
• Testimony;
• Any settlement discussions or offers;
• The arbitrator’s decision and award
  shall remain strictly confidential.

Exception for Injunctive Relief:
Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief directly from a court to protect intellectual property rights, trade secrets, or other irreparable legal interests, without the need to first pursue mediation or arbitration.

Paid As" Rank of the Affiliate User at the Time of Termination

Fixed Compensation Established

SuperStars or Lower Rank 

Equivalent to the gross compensation earned during the nine (9) months immediately preceding the date of termination.

MVP to Elite 

Equivalent to the gross compensation earned during the six (6) months immediately preceding the date of termination.

Gold Records to Legends 

Equivalent to the gross compensation earned during the three (3) months immediately preceding the date of termination

Key Definitions:

• "Gross Compensation" means the total sum of all commissions, bonuses, and retail earnings duly documented and verifiable under the then-current Brain Musik Compensation Plan.
• "Paid As Rank" refers to the effective rank achieved by the Affiliate User during the last bonus period prior to suspension or termination, regardless of the highest historical rank attained.
• For the purposes of this calculation, the month immediately preceding the date of suspension or termination of the Affiliate User Agreement shall be used.

This liquidated damages provision shall constitute the sole and exclusive compensatory remedy available to the affected Affiliate User.
No additional, punitive, incidental, or consequential damages shall be recognized beyond those expressly stipulated in this clause.

8.5 Governing Law, Jurisdiction, and Venue

General Jurisdiction:
The exclusive jurisdiction and venue for resolving any matter, dispute, or claim not subject to arbitration under this Agreement shall reside in the state and federal courts located in the State of Florida.

Governing Law:
The Federal Arbitration Act (9 U.S.C. § 1 et seq.) shall govern all matters related to the arbitration procedures set forth in this Agreement.
For all other matters, this Agreement shall be governed by and construed in accordance with the substantive laws of the State of Florida, without regard to its conflict of laws provisions.

Exceptions for Users with Territorial Restrictions:
If the Affiliate User resides in a country, state, province, or territory whose laws prohibit them from leaving their jurisdiction to participate in arbitration or legal proceedings:
The parties agree that any judicial or arbitral proceeding shall take place within the Affiliate User's jurisdiction of residence, subject to applicable local laws.

Special Provision for Residents of Louisiana:
Notwithstanding the foregoing and the arbitration clause contained herein:
Residents of the State of Louisiana shall have the right to bring legal actions against Brain Musik, LLC in the state and local courts located within Louisiana;
Such legal actions shall be governed by the applicable substantive laws of the State of Louisiana.

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9.1 Purchase of Brain Musik Products

Each User (Customer) or Affiliate User of Brain Musik must purchase products and services directly through Brain Musik, LLC, whether via:

• Their personal account on the platform;
• Their authorized store within the Marketplace;
• Or any other official channel enabled by the Company.

Restrictions:
If an Affiliate User purchases products or services from another Affiliate User, third party, or any unauthorized source outside of Brain Musik’s official channels:

• No Personal Volume (PV) will be credited for such purchase;
• Such purchase shall not be considered valid for purposes of:
  
  • Bonus calculation;
  • Rank qualification;
  • Fulfillment of personal or organizational activity requirements.

Compliance with this provision is essential to maintaining the integrity of the compensation system and ensuring traceability of sales within the Brain Musik ecosystem.
Repeated noncompliance may be deemed a violation of these Policies and Procedures and may result in disciplinary actions pursuant to the applicable provisions.

9.2 General Order and Download Policies

Technical Delivery Issues:
In the exclusive case of a technical error that prevents the Buyer from:

• Successfully completing the download of a purchased product, or
• Accessing the corresponding license file,

The following procedure shall apply:

Seller’s Responsibility:
The Affiliate User (Creator Artist, Seller, or Store Owner) shall be responsible for ensuring the delivery of the purchased files and license;
They must resend the product, files, and corresponding license to the Buyer via email or another mutually agreed-upon digital method;
The maximum deadline to complete such alternative delivery shall be forty-eight (48) hours from the time the issue is reported.

Reporting Technical Issues:
The Buyer must notify the issue through Brain Musik’s customer service system or directly to the Seller, indicating:

• The relevant order number;
• A clear description of the technical issue;
• Supporting evidence or a screenshot of the error (where possible).

Payment Issues:
Brain Musik, LLC will not process any orders or release any products, files, or licenses without confirmed, valid, and verified full payment;
Any order with invalid, incomplete, or declined payments will be automatically canceled without entitlement to Personal Volume (PV), commissions, bonuses, or any other commercial benefit.

Responsibility for technical delivery issues lies solely with the corresponding Affiliate User (Creator Artist or Seller).
Brain Musik, LLC acts solely as a technology intermediary and therefore assumes no direct liability for individual failures in the download or transmission of digital content, provided that the order was properly paid.

9.3 Digital Content Delivery Policies

Given that Brain Musik, LLC exclusively offers digital products and services such as beats, lyrics, melodies, cover artwork, animations, videos, and other creative content:

Standard Digital Product Delivery:
Digital products purchased through Brain Musik shall be made available to the Buyer immediately upon successful confirmation of the transaction;
Delivery shall occur solely through digital download from Brain Musik’s official platform.

Buyer’s Responsibility:
The Buyer shall be solely responsible for verifying the successful download of files and licenses onto their device upon completion of the purchase.

Delivery of Customized Products:
Brain Musik allows Buyers to request customized products and licenses from Affiliate Users (Creator Artists or Sellers) authorized within the Marketplace.
Once both parties agree on the specific terms of the customized product:

• The Affiliate User (Creator Artist or Seller) shall have a maximum of seven (7) calendar days from the date of confirmation to:
  
  • Create, deliver, and fulfill the requested order;
  • Deliver all related digital files and licenses as agreed.
• Delivery of customized products must occur exclusively through the official Brain Musik platform.
  Delivery via external channels or unauthorized methods is strictly prohibited.

Digital Inventory Availability:
If a purchased digital product is not immediately available due to technical issues, maintenance, or operational delays:

• Brain Musik, LLC will notify the Buyer of the situation;
• The product shall be made available to the Buyer within the shortest reasonable period, not exceeding forty-eight (48) additional hours from the time the issue was reported;
• Any available portions of the order shall be prioritized for delivery while the pending content is resolved.

Limitation of Brain Musik’s Liability:
All deliveries shall occur solely through digital download via Brain Musik’s official platform;
The Buyer shall be responsible for verifying the successful download of the files on their device upon confirmation of the purchase.
Brain Musik, LLC shall not be liable for delays, failures, or errors resulting from technical issues beyond its control, including but not limited to:

• Internet service outages;
• Device errors or limitations on the part of the Buyer;
• Malfunctions or external factors affecting download capability.

9.4 Order Confirmation

An order on Brain Musik, LLC shall be considered validly confirmed only when the following conditions are met:

• The Buyer has correctly completed the purchase process through the official Brain Musik platform;
• Full, valid, and verified payment has been received through an accepted method of payment;
• Brain Musik has generated and sent a formal order confirmation to the Buyer, either:
  
  • Through the platform itself;
  • Or via the email address registered to the Buyer’s account.

The order confirmation constitutes the sole official acknowledgment that the product or service has been successfully purchased.
Without a confirmation issued by Brain Musik, there shall be no obligation to deliver the product, activate licenses, or assign any related Personal Volume (PV).
Any error, interruption, or failure to receive confirmation must be reported immediately to Brain Musik’s Customer Service Department for investigation and resolution.

9.5 Payments and Deposit Requirements

Prohibition of Advance Payments:
Affiliate Users (Creative Artists or Sellers) are strictly prohibited from:

• Accepting,
• Receiving,
• Soliciting, or
• Holding any form of advance payments or deposits from Buyers, other Users, or Affiliate Users,
  for the purpose of reserving, securing, or retaining products or licenses for future delivery.

Timing of Payment:
The only valid time to receive payment is at the formal moment of product delivery, which may occur through:

• Immediate download via the official Brain Musik platform; or
• Delivery through the internal process applicable to customized products.

Consequences of Non-Compliance:
Accepting off-platform advance payments or holding deposits without immediate delivery constitutes a serious violation of Brain Musik’s Policies and Procedures.
Such misconduct may result in:

• Formal warnings;
• Commission withholding;
• Suspension or termination of the User Agreement.

Ecosystem Protection:
This policy is intended to:

• Ensure transaction transparency;
• Prevent disputes and breaches of agreement;
• Safeguard the security of Buyers and Sellers within the Brain Musik ecosystem.

9.6 Returned Payments

Reprocessing of Returned Payments:
Any payment made via credit card, bank transfer (WIRE, ACH), or any other authorized method that is returned, declined, or fails for any reason, including but not limited to:

• Insufficient funds;
• Disabled, expired, or canceled credit cards;
• Incorrect payment information;
• Unauthorized or disabled bank accounts;

will be automatically reprocessed in accordance with Brain Musik, LLC’s internal payment policies.

Penalty Fee:
In the event of a returned or rejected payment, an administrative fee of twenty-five U.S. dollars (USD $25) shall be applied to the Affiliate User for each incident.

Options for Resolving Returned Payments:
Following a failed or returned payment, the Affiliate User may resolve their outstanding balance only by:

• Updating and registering a valid and current credit card on their account; or
• Making a direct bank transfer through authorized methods such as WIRE, ACH, or any other payment method approved by Brain Musik.

Payments via checks or any unauthorized instruments will not be accepted to settle debts or complete new purchases.

Recovery of Outstanding Balances:
Brain Musik, LLC reserves the right to:

• Deduct any outstanding balances, including applicable fees, from the Affiliate User’s future commissions, bonuses, or incentives;
• Collect such amounts through any other method permitted by law.

Discretionary Reinstatement of Payment Methods:
The reinstatement of rejected payment methods or acceptance of alternative methods is subject to the sole discretion of Brain Musik, LLC, with no obligation to approve such requests.

9.7 Restrictions on the Use of Third-Party Credit Cards and Bank Accounts

Authorized Use for Personal Accounts Only:
Affiliate Users must use only credit cards or bank accounts that are registered in their own name or for which they hold valid and documented legal authorization.

Exception for Accounts Held by Minors:
Brain Musik, LLC allows minors to participate on the platform exclusively through an account administered or represented by a responsible adult, who must meet the following requirements:

• Be the parent or legally recognized guardian of the minor;
• Be properly identified as the authorized legal representative on the minor’s account;
• Register and use their own personal credit card or bank account as the authorized method of payment.

The legal representative shall bear full responsibility for all financial, legal, and contractual transactions carried out on behalf of the minor, including enrollment, product purchases, license acquisitions, or any operations performed within the platform.

General Prohibition on Unauthorized Use:
It is strictly prohibited for any Affiliate User to:

• Use third-party credit cards, bank accounts, or other payment instruments without prior and documented authorization;
• Allow other Users or Affiliate Users to:
  
  • Use their personal payment methods;
  • Enroll new users, make purchases, or pay for memberships using unauthorized cards or accounts.

Protection of Financial Integrity:
This restriction is intended to:

• Protect the financial security of all participants in the Brain Musik ecosystem;
• Safeguard minors within the platform through properly managed and legally represented accounts;
• Ensure the legality, transparency, and traceability of all transactions conducted;
• Prevent fraud, unauthorized use of payment methods, and disputes arising from illegitimate transactions.

9.8 Sales Taxes

Given that Brain Musik, LLC operations involve the sale of digital license rights to creative works, and not the sale of physical goods or items for resale:

Platform’s Tax Obligation:
Brain Musik, LLC is legally required to collect and remit applicable sales taxes in accordance with the tax laws of each jurisdiction where it has a tax nexus or collection obligation.

Application of Taxes:
All products and services offered through the platform are subject to applicable sales tax or other indirect taxes, based on the Buyer’s location.
The tax will be calculated on the total transaction amount, including digital licenses, customized product packages, memberships, or any other services purchased within the platform.

No Tax Exemptions:
Brain Musik does not recognize or accept tax exemption certificates, resale certificates, or any other documentation intended to circumvent the collection of sales taxes.
All Users, Affiliate Users, and Clients are required to pay applicable sales tax at the time of purchase, without exception.

Tax Transparency:
The applicable tax amount will be clearly itemized on the purchase invoice or digital transaction summary provided to the Buyer.In the event of tax adjustments required by law, Brain Musik reserves the right to update applicable tax rates in accordance with regulatory changes.

10.1 Effects of Cancellation and Termination
As long as an Affiliate User remains active and in compliance with the terms of the Affiliate User Agreement and these Policies and Procedures, Brain Musik, LLC shall pay commissions and bonuses in accordance with the current Compensation Plan.

Nature of Commissions and Bonuses:
Commissions and bonuses constitute the sole form of compensation authorized by Brain Musik and derive exclusively from:

• The sale of products and services conducted by the Affiliate User (Creative Artists or Sellers) within their direct line or within their referred organization;
• Purchases made by Users or Affiliate Users in their direct or downline structure;
• Direct sales of the Affiliate User’s own creative works (including beats, lyrics, designs, visual arts, or audiovisual works) offered within the Marketplace;
• The construction, supervision, or leadership within a User or Affiliate User Community or Organization in the Brain Musik system.

Effect of Affiliate User Cancellation (“Cancellation”):
For the purposes of this clause, “Cancellation” shall refer to any form of termination of the Affiliate User Agreement, including but not limited to:

• Voluntary non-renewal by the Affiliate User;
• Automatic cancellation due to inactivity, pursuant to conditions established by Brain Musik;
• Voluntary resignation submitted in writing;
• Involuntary termination by Brain Musik, LLC in the event of violations of the Agreement or these Policies.

Upon Cancellation:

• The former Affiliate User shall automatically forfeit all rights, participation, or interest in their former Community or Marketing Organization;
• They shall no longer be entitled to receive commissions, bonuses, or incentives generated after the effective date of Cancellation;
• They expressly waive any claim of ownership, control, or economic benefit related to the structure or organization previously developed.

Representation Restriction:
Following Cancellation, the former Affiliate User may not under any circumstance represent themselves as an active User or Affiliate User of Brain Musik, LLC, nor may they:

• Market the Company’s products or services;
• Use official Brain Musik materials;
• Participate in trainings, corporate events, or promotional activities as part of the Affiliate User system.

Final Payout:
The Affiliate User shall only be entitled to receive commissions and bonuses accrued and earned during the last full bonus period worked prior to the effective date of Cancellation.
Any pending amount will be subject to:

• Deductions for outstanding balances;
• Adjustments resulting from internal investigations;
• Withholdings for chargebacks or improperly issued commissions.

10.2 Cancellation  Due to Inactivity

Affiliate Users who generate less than the required Personal Volume (“PV”) as established in the current Compensation Plan during any bonus period shall not be eligible to receive commissions derived from sales generated by their Marketing Organization during that same period. If an Affiliate User fails to generate any Personal Volume (PV) for six (6) consecutive calendar months, such Affiliate User shall be deemed “inactive.”

• Their Affiliate User Agreement shall be terminated for inactivity at the end of the sixth (6th) month of inactivity;
• This policy shall only apply if such period of inactivity occurs after the first (1st) year of the effective term of the Affiliate User Agreement.

Brain Musik, LLC shall not be obligated to issue any formal notice or written confirmation of termination due to inactivity.

10.3 Involuntary Cancellation 

Any breach by an Affiliate User of the terms and conditions of the Affiliate User Agreement, including these Policies and Procedures, as well as any future amendments introduced at the sole discretion of Brain Musik, LLC, may result in the imposition of disciplinary measures, which may include, without limitation:

• The involuntary termination of the Affiliate User Agreement and immediate termination of the User’s business within Brain Musik.

Notice of Termination:
Termination shall be effective on the earliest of the following dates:

• The date Brain Musik sends written notice via postal mail or express courier to the last address on file for the Affiliate User or their attorney;
• The date an email is sent to the Affiliate User’s registered email address in Brain Musik’s official system;
• The date the Affiliate User receives effective notice of such termination by any verifiable means.

Reservation of Rights by Brain Musik:
Brain Musik, LLC reserves the right, based on the specific circumstances of the case, to:

• Permanently withhold any unpaid funds, commissions, or bonuses linked to misconduct, improperly obtained payments, or contractual violations;
• Deny the relocation (“roll-up”) of the terminated Affiliate User’s organization in order to protect the integrity and stability of the organization, the Company, and other system participants.

10.4 Voluntary Cancellation

Every Affiliate User has the right to terminate their Affiliate User Agreement at any time and for any reason, without the need to provide justification.

Termination Requirements:
Termination must be submitted in writing through one of the following means:

• Certified postal mail;
• Fax;
• Email sent to the official contact address of Brain Musik, LLC.

The termination notice must include, without exception:

• The Affiliate User’s signature;
• Full printed name;
• Updated physical address;
• Affiliate User Identification Number assigned by Brain Musik.

Transition to Preferred Customer:
If the Affiliate User wishes to remain active solely as a User (Customer), they must:

• Explicitly notify Brain Musik’s Customer Service Department at the time of submitting the termination notice;
• The new User (Customer) account must retain the same sponsor as the previous account, without exception.

Subsequent Re-enrollment as an Affiliate User:
If the User wishes to re-enroll as an independent Affiliate User, they must do so in accordance with the provisions set forth in Section 3.12 of these Policies and Procedures.

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Store Health Score

Each store managed by a Creator Artist or Seller within the Platform is subject to an internal evaluation system known as the Health Status. Its purpose is to assess compliance with the platform's rules, operational performance, and the quality of service provided by the user. The Health Status is represented by an initial score of 100 points, which may increase or decrease based on the Seller’s behavior, performance, and store management within the Marketplace.

Factors That Decrease the Health Status Score:

The score may be reduced, either automatically or manually, by the Brain Musik, LLC team in the following cases:

• Setting excessively high or disproportionate prices compared to Marketplace standards or the experience level of the Creator Artist or Seller.
• Prolonged inactivity in the store, especially when no new content is uploaded for more than 90 consecutive days.
• Lack of customer service, including failure to respond to customer messages, inquiries, or requests within a reasonable timeframe (up to 30 days).
• Use of offensive, derogatory, or unprofessional language in communications with other users or buyers.
• Violation of internal policies, including breaches of ethical standards, publication of prohibited content, or repeated inappropriate conduct.
• Poor store management, such as errors in license setup, incomplete data, lack of proper accreditation, plagiarism, or infringement of third-party rights.

Factors That Improve the Health Status Score:

The Health Status score may progressively increase when the Seller demonstrates exemplary performance, ongoing commitment to the Platform, and outstanding compliance with operational policies. Contributing factors may include:

• Frequently uploading new content and maintaining an active, up-to-date catalog.
• Receiving positive reviews or recommendations from buyers following successful transactions.
• Maintaining a consistent volume of sales that reflects public demand and trust.
• Strict compliance with the terms and conditions of licenses or transfer agreements.
• Active participation in internal promotions, creative challenges, or community activities initiated by Brain Musik to encourage collective visibility.
• Building a strong and engaged community around their store profile, reflected in interactions with followers, buyer loyalty, and a solidified identity as a creator within the Platform.

Impact and Benefits of the Health Status Score:

The Health Status score will directly affect a store’s visibility, ranking, and eligibility within the Marketplace. A high score reflects responsible, active, and policy-compliant management, while a low score may result in operational limitations and reduced benefits.

• Increased exposure in the internal search engine and featured categories.
• Preferential access to exclusive tools, beta features, promotions, and highlighted spots within official campaigns.
• Participation in internal events and other forms of economic or visibility incentives.

Repeatedly Low Health Status Scores May Result In:

• Limited visibility, searchability, or ranking of the store and its products within the Marketplace.
• Temporary or permanent suspension of the store, particularly in cases of negligence, recurrence, or serious breaches.
• Partial or total withholding of generated earnings, especially if misconduct involves fraud, third-party rights infringement, or contractual violations that affect the company or other users.

 Use of External Websites, Domain Names, and Digital Promotion

Exclusivity of External Website Content
Any External Website operated by a User Partner must be exclusively dedicated to promoting the model, products, and services of Brain Musik, LLC.
It is strictly prohibited to advertise, sell, or promote any non-Brain Musik products, services, or business opportunities through such a website.

Termination of External Website
In the event of termination of the Affiliate or Participation Agreement, the User must remove their External Website from public access within three (3) calendar days.
An External Website may only be transferred to another User with prior written approval from Brain Musik, LLC, which will be assessed on a case-by-case basis.

Team Websites
Team websites may be used solely for education, communication, training, and best practice sharing, as long as they comply with Brain Musik’s brand, content, and promotion policies.

Domain Names, Emails, and Online Aliases
Users are not authorized to use or register the term “Brain Musik,” any of its trademarks, product names, misspellings, or similar variations for:

• Domain names or websites,
• Email addresses,
• Social media accounts or blogs,
• Aliases, usernames, or other online identifiers.

The use of any domain or alias that may cause confusion or imply official affiliation with Brain Musik is strictly prohibited. Violations may lead to account suspension or termination.

Hotlinking and Redirect Rules
Any link redirecting to an External Website must clearly indicate that it belongs to a User Partner.
It is strictly prohibited to mislead visitors into believing they are visiting an official Brain Musik corporate site.
Determinations of misleading practices will be made at the sole discretion of Brain Musik, LLC.

Inbound Links from Third-Party Sites
The External Website may not receive inbound links from websites that:

• Violate these Policies,
• Contain offensive, inappropriate, or misleading content,
• Harm the reputation of Brain Musik in any way.

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