Ethical Rules and General Terms for Distribution Partners (II.)
I. Ethical rules
On behalf of our company we welcome you as a new contractual partner (hereinafter: Distribution Partner) and wish you the best possible success for your activity as independent Distribution Partner of PlatinGenesis Asia Limited, Unit 2512, 25/F, Langham Place Office Tower, 8 ArgyleStreet, Mongkok, Hong Kong and we in particular hope that you will enjoy the distribution of our goods (our goods are listed under Section 2 of the general terms for Distribution Partners). Customer convenience, consumer safety, integrity, fair cooperation, and compliance with laws and common decency are top priorities in the distribution of our goods and contact with other people. This pertains to the overall environment of network marketing.
Therefore we ask that you thoroughly read the following ethical rules as well as our General Terms for Distribution Partners and use them as a daily motto when exercising your activity.
Ethical rules for dealing with consumers
· Our distribution partners advise their consumers honestly and sincerely and clarify possible misunderstandings regarding goods, the business opportunity, or other statements during a consultation
· A sales conversation will be canceled, rescheduled, or a meeting already commenced will be closed in a friendly manner upon the customer’s request.
· During customer contact, the DistributionPartner will inform the consumer of all matters pertaining to the goods (e.g.intended purpose, qualities, use) or the distribution option upon the consumer's request.
· All information regarding the goods must be comprehensive and truthful.
· The consumer will not be prompted to purchase products on the basis of dubious and/or misleading promises or promising special advantages if these advantages are linked to future uncertain success.
· A Distribution Partner is not authorized to disclose information regarding its remuneration or potential remuneration of other distribution partners. A Distribution Partner is furthermore not authorized to guarantee remuneration or raise expectations.
· A Distribution Partner is not authorized to assert that the remuneration plan or the goods of Platin Genesis are approved or permitted or supported by a federal authority.
Ethical rules for dealing with distribution partners
· Distribution Partners are always fair and respectful toward one another. This also applies to deal with distribution partners of other network marketing companies, online distributors, or other direct marketers.
· New Distribution Partners will be informed truthfully of their rights and obligations. Any information regarding possible revenue and income opportunities must be omitted.
· Verbal assurances regarding the goods of Platin Genesis are prohibited.
· Distribution Partners are not authorized to recruit distribution partners of other companies. DistributionPartners are furthermore not authorized to incite other distribution partners to change a sponsor within Platin Genesis.
· The obligations of Sections 7-10 of the following General Terms for Distribution Partners must always be complied with as ethical rules.
Ethical rules for dealing with other companies
· Distribution partners of PlatinGenesis are always fair and honest toward other companies in network marketing, social selling, or other debt direct network marketing areas.
· Systematic recruitment of distribution partners of other companies is prohibited.
· Degrading, misleading, or dishonest comparable statements about goods or
· The participation in distribution systems of other companies competing with us is prohibited.
Subject to these ethical rules of our company we now would like to share with you the General Terms for Distribution Partners of Platin Genesis.
II. General Terms for Distribution Partners
Sec. 1 Area of applicability
(1) The following terms and conditions are a component of every Distribution Partner agreement between Platin GenesisAsia Limited, Unit 2512, 25/F, Langham Place Office Tower, 8 Argyle Street, Mongkok, Hong Kong (hereinafter: Platin Genesis), email support@platin-genesis and the independent and self-employed contractual partner, affiliate, partner program participant, or team partner(hereinafter: Distribution Partner).
(2) Platin Genesis provides its services exclusively on the basis of these General Terms for DistributionPartners.
Sec. 2 Subject matter of the agreement, equipment package, and additional services
(1) Platin Genesis is an innovative company providing a highly sophisticated and novel concept of a decentralized network server farm for minting chain-based digital information units tradable within the Platin Genesis cryptosystems (so-called “Cryptocoins”). Within the scope of this activity, PLC Genesis provides to its customers server capacities and/or proprietary, specially developed network products for the minting of Cryptocoinsagainst payment.
High-quality software products (e.g. a proprietary-wallet), access to the services PLC Business (as soon as available), PLC Market(as soon as available), or the decentralized PLC Exchange Platform (as soon as available) are also provided for the above-stated purposes. Platin Genesisfurthermore offers the PLC Farm software (as well as the Wallet App corresponding to the software) with which customers can generate the cryptocurrencyPlatinCoin. With this linking of software and infrastructure, new PlatinCoinsare generated in the PlatinCoin blockchain through the process of minting. All the above-stated goods and service offers are jointly hereinafter referred to as “Goods” and are exclusively distributed through a direct marketing channel.
Express reference is made that Platin Genesis does not directly or indirectly itself or through third parties sell or otherwise distribute or broker Crypto coins.
(2) Without being obligated to do so, the Distribution Partner has the option of brokering Goods at its own discretion for Platin Genesis so that the brokerage of these Goods forms the basis of the business of a Distribution Partner. The Distribution Partner will receive a corresponding commission for its activity as a broker.
Financial expenses, purchasing a minimum number of Goods from Platin Genesis, or recruiting other distribution partners is not necessary for this activity. Only gratuitous registration is necessary. Additionally, without however being obligated to do so, Distribution Partners also have the option of recruiting other distribution partners for the distribution of the Goods of Platin Genesis and to receive a commission on the distribution of Goods of the recruited distribution partner. The Distribution Partner expressly does not receive a commission for the mere recruitment of a new distribution partner. The commission, as well as the type and manner of disbursement or other fulfillment of the commission claim, is subject to the compensation plan applicable at that time.
(3) For the Distribution Partner’s commencement and execution of its activity, Platin Genesis provides multiple landing pages as well as an online back office that allows the Distribution Partner a continuous, updated, and comprehensive overview of its revenue, commissions, and the customer and downline developments.
Sec. 3 General prerequisites for the conclusion of the agreement/KYC verification process
(1) The conclusion of an agreement is possible with legal persons, partnerships, or natural persons who or whose responsible persons have reached the age of 18 and are entrepreneurs pursuant to applicable law and hold a business license insofar as necessary. A conclusion of a contract with consumers is not possible.
(2) Insofar as a legal person or partnership (GbR, OHG, KG, etc.) submit a Distribution Partner application, the corresponding commercial register excerpt regarding registration and the sales tax ID number must be submitted, insofar as such is available for a partnership. All shareholders must be at least 18 years of age. The shareholders are each personally liable vis-à-vis, Platin Genesis, for the conduct of the legal person.
(3) Prior to the conclusion of a DistributionPartner agreement, Platin Genesis requires verification of age and of identity within the scope of a “know your customer” (KYC) process. The conclusion of a DistributionPartner agreement is subject to successful verification within the scope of this know your customer process.
(4) Each Distribution Partner isauthorized only to acquire one position in the compensation plan, whereby a bypassingof this requirement by registration as a natural person and additionalregistration as a legal person or partnership is prohibited.
(5) The Distribution Partner is obligatedto properly and completely fill out the online Distribution Partner applicationand to electronically transmit such to Platin Genesis. The Distribution Partner with the separate “checkboxes” on the application form furthermore acknowledges these General Terms for Distribution Partners and accepts such as a component of the agreement. Platin Genesis reserves the right to obtain additionalinformation from the Distribution Partner in the individual case.
(6) During registration, the DistributionPartner must choose its email address and a password and consequently receives a confirmation including access information mailed to the email address disclosed by it. After receipt of the access information, the DistributionPartner can create a profile on the Internet platform and has access to the following offers:
· Access to the dashboard
· Option to download the wallets
· Use of the wallet software/application
· Use of the PLC Wallet
· Access to the PLCnetwork
Prior to commencing the distribution activity for PlatinGenesis, the Distribution Partner must first complete its data in its profile and must disclose its mobile phone number to Platin Genesis. This number will be verified by Platin Genesis by the Distribution Partner receiving a code on its mobile phone which it must then enter on the Internet portal of PlatinGenesis. The Distribution Partner is able to commence activity only after entering the code.
(7) Changes of personal data of the DistributionPartner must be reported immediately to Platin Genesis.
(8) Platin Genesis reserves the right to reject Distribution Partner applications at its own discretion without stating a reason. Insofar as online order forms are used, they are a component of the agreement.
(9) In the event of a violation of the obligations stipulated in paragraphs (1), (2), and (4), Platin Genesis without prior notice is authorized to terminate the Distribution Partner agreement without notice and possibly to demand repayment of disbursed commissions. PlatinGenesis in the event of termination without notice furthermore expressly reserves the right to assert additional claims for damages.
Sec. 4 Status of the DistributionPartner as an entrepreneur
(1) The Distribution Partner acts as anindependent and a self-employed entrepreneur. The Distribution Partner is not an employee or agent or broker of Platin Genesis. No sales targets, purchase, distribution, or other work obligations exist. With the exception of the contractual obligations, the Distribution Partner is not subject to any instructions by Platin Genesis and bears the full entrepreneurial risk of its entrepreneurial activity including the obligation to bear all of its commercial costs and the obligation to properly pay its employees insofar as the Distribution Partner employs such.
(2) The Distribution Partner is obligated to set up and operate its business as a prudent businessman, which also includes the operation of independent office spaces or a workstation operated as a prudent businessman. The Distribution Partner shall, in particular, ensure the provision of the technical devices necessary for the use and distribution of the Goods of Platin Genesis (in particular a computer and a smartphone).
(3) The Distribution Partner as an independent entrepreneur is responsible for compliance with the pertinent legal requirements, including tax and social law requirements (e.g. obtaining a sales tax ID number, registering employees with the social security office, as well as obtaining a business license, if required) at its own responsibility. In this regard, the Distribution Partner guarantees to properly pay tax at its domicile on all commission income generated within the scope of its activity for Platin Genesis. Platin Genesis reserves the right to deduct the respective sum for taxes and charges from the negotiated commission or to demand compensation for damages or compensation for expenditures arising for it based on a violation of the above-stated requirements unless the DistributionPartner is not responsible for the damage or the expense. Platin Genesis does not pay social security contributions for the Distribution Partner. The DistributionPartner is not authorized to issue declarations or enter into obligations on behalf of Platin Genesis.
Sec. 5, Voluntarycontractual cancellation policy
You register with Platin Genesis as an entrepreneur and not as a consumer, thus you are not entitled to a statutory cancellation right. Platin Genesis nevertheless grants you the following, voluntary, contractual, two-week cancellation right.
Voluntary cancellation right
You are authorized to cancel your contractualdeclaration in text form (by letter or email) within two weeks without statingreasons. The deadline commences upon online transmission of the application fordistribution partnership. Timely dispatch (postmark date/date of the email) ofthe cancellation suffices for compliance with the cancellation deadline.
Cancellation must be addressed to Platin Genesis AsiaLimited Unit 2512, 25/F, Langham Place Office Tower, 8 Argyle Street, Mongkok,Hong Kong, email firstname.lastname@example.org.
Waiver of the cancellation right
A transfer/transmission/provision of Goods or otherservices takes place only after expiration of the cancellation period. Insofaras a transfer/transmission/provision is desired by the Distribution Partner alreadyprior to the expiration of the cancellation period, the Distribution Partner herewithexpressly waives its cancellation right.
In the event of a valid cancellation of the contractual declaration, the benefits received by both parties must be returned and the benefits of use must be surrendered; in particular, any commission already paid must be returned. In the event that you cannot return the receivedbenefits to us either in full or in part or only in a deteriorated condition, then you are obligated to replace the value insofar as applicable. Obligations toreimburse payments must be satisfied within 30 days. The deadline commences foryou upon dispatch of your cancellation declaration or of the object.
After exercising its cancellation right, a DistributionPartner may reregister with Platin Genesis provided that the cancellation of the Distribution Partner was at least 6 months ago and the canceled Distribution Partner has not executed any activities for PlatinGenesis during that time.
End of the notice on cancellation rights
Sec. 6 Administrative, processing, and support fee/license fees
(1) The Distribution Partner uponregistration with Platin Genesis and with the acquisition of Goods from PlatinGenesis acquires for the first year of contract a right to use the landingpage, back offices, and videos and other tools provided. The above utilizationright is a simple, nontransferable utilization right for the specific landingpage, back office, and videos and tools provided in this regard. The DistributionPartner is not entitled to modification, processing, or other redesign or togrant sublicenses. The above-stated utilization right also includes incidentalmaintenance, service, update, and upgrade fees, so that the invoiced fee ishereinafter referred to as Service Fee.
(2) As of the second year of contract,or in the event of a registration without acquisition of Goods of PlatinGenesis as of the first year of contract, Platin Genesis separately calculates an annual Service Fee in terms of paragraph (1), the term and payment of which follows from Section 16 (1) and the amount of which follows from the respective price table of Platin Genesis.
Sec.7 Obligations of the Distribution Partner within the scope of advertisement andgeneral obligations
(1) The Distribution Partner obligated to protect its personal passwords and login information against third-party access. The Distribution Partner is prohibited from infringing the rights of Platin Genesis, its distribution partners, affiliated undertakings,or other third parties during its activity, from harassing third parties or otherwise violating applicable law. The Distribution Partner is in particular not permitted to disclose wrong or misleading information regarding PlatinGenesis products or the distribution system of Platin Genesis. Within the scope of its brokerage and advertisement activity, the Distribution Partner shall issue only statements concerning the Goods of the Platin Genesis product range as well as the Platin Genesis distribution system, the content of which corresponds to the requirements in the Platin Genesis advertisement information material. Furthermore, dispatching unsolicited emails, advertising faxes or advertising text messages (spam) is also prohibited. The abuse or execution of unlawful acts, e.g. the use of unauthorized or false advertising(e.g. misleading statements) is also prohibited. Abusive use of PlatinGenesis or other services of Platin Genesis is also prohibited.
(2) Insofar as the Distribution Partner makes payments to Platin Genesis(e.g. within the scope of the acquisition of Goods), Platin Genesis shall accept such only if they are paid by the Distribution Partner itself for its own account. Payments for the Distribution Partner to Platin Genesis by third parties are not possible (prohibition of third-party payments). Platin Genesismay authorizes third-party payments in individual cases; the DistributionPartner is obligated to obtain permission on an exceptional basis from PlatinGenesis prior to initiating payment by the third party.
(3) The Distribution Partner is prohibited from violating competitionlaw, rights of Platin Genesis, its distribution partners, affiliatedundertakings, or other third parties, to harass third parties, or violate otherapplicable law while performing its activity. In particular, unauthorizedtelephone advertising and dispatch of unsolicited advertisement emails, faxes,or text messages (spam) is also prohibited.
Special advertising guidelines
a) The Distribution Partner is not authorized to disclose or suggest any information regarding its income or income opportunities with Platin Genesis anywhere in any advertising media. TheDistribution Partner is obligated to expressly inform potential distribution partners within the scope of recruitment meetings that only very few distribution partners can achieve higher incomes with their activity for PlatinGenesis.
b) Distribution and marketing activities may not feign any commissions that might be understood as a “per capita premium” or other commission in connection with the mere recruitment of a new distribution partner. Acts giving rise to the appearance that the advertised distributionsystem is an unlawful distribution system, namely an illegal progressive snowball or pyramid system or other fraudulent distribution system areprohibited. Feigning that Platin Genesis distributes a currency investment or other financial investment or crypto coins or other cryptocurrencies or similar goodsitself or sells or otherwise distributes such through third parties is alsoprohibited.
c) Distribution and marketing acts maynot address minors or persons inexperienced in business and under nocircumstances exploit their age, illness, or limited understanding to impel theconclusion of a contract with consumers. In case of contacts with so-called socially vulnerable or foreign-speaking population groups, the DistributionPartners are obligated to consider their financial strength as well as their ability to understand and their linguistic skills. Distribution Partners must refrain from any action that could impel members of such groups to place orders that are inappropriate for their status.
d) Distribution and marketing activities that are unreasonable, illegal, or doubtful or which exert improper pressure on the chosen consumers are prohibited.
e) Distribution Partners vis-à-is consumers will refer exclusively to recommendation letters, test scores, references, or other persons for business purposes only if they are officially authorized by the entity issuing the reference as well as by Platin Genesis, areapplicable, and not outdated.
Letters of recommendation, tests, and personal references must furthermore always be connected to the intended purpose.
f) The consumer will not be promptedto purchase Goods on the basis of dubious or misleading promises or by promising special advantages if such advantages are tied to future, uncertainsuccesses. Distribution Partners shall refrain from anything that could prompt the consumer to accept the submitted offer only in order to do a personal favor for the offer provider, to terminate an unwanted conversation, or to enjoy an advantage that is not the subject matter of the offer, or to express their appreciation for granting such advantage.
g) A Distribution Partner is not authorized to assert that the compensation plan or the Goods of Platin Genesis are approved or licensed or supported by a federal authority or are categorized as legally watertight by a law firm.
(4) Theuse, creation, and distribution of independent sales records, independentInternet pages, independent product brochures, advertisement videos or films orother independently created online or offline media, as well as advertisement media, is permitted for the Distribution Partner only after prior consent by PlatinGenesis. The advertising of Platin Genesis services through one’s own orthird-party Internet pages is also permitted only with the prior consent of PlatinGenesis. In the event that the Distribution Partner advertises the services of PlatinGenesis in other Internet media, e.g. social networks (e.g. Facebook, Instagram, Google+), online blogs or chat rooms, the Distribution Partner mustexclusively uses the official Platin Genesis advertisement claims. In the eventof an advertisement in other Internet media, the Distribution Partner mustexpressly note that it is not an official advertisement or presence of PlatinGenesis. The Distribution Partner is furthermore not authorized to present Goodsin trade fairs and exhibitions.
(5) The Goods of Platin Genesis may be revocablepresented by the Distribution Partners within the scope of applicable law face-to-face, during home parties or events, online parties, webinars, or other online presentations.
(6) The offering of Goods at auctions, public and private flea markets, exchange platforms, department stores, Internet shops, Internet markets e.g. eBay, Amazon, or similar points of sale is prohibited.
(7) The Distribution Partner is obligated to identify itself in business transactions as an INDEPENDENT Platin Genesis DISTRIBUTION PARTNER. Internet home pages, letterhead, business cards, vehicle lettering,advertisements, advertisement documents, and similar must always feature the words “INDEPENDENT Platin Genesis DISTRIBUTION PARTNER”. The DistributionPartner is furthermore prohibited from requesting or drawing loans for or on behalf of or in the interest of the company, to incur expenses, enter into obligations, open bank accounts, or conclude other agreements.
(8) All travel costs, expenditures,office expenses, telephone costs, or other expenses for advertisement material must be borne by the Distribution Partner itself.
(9) The Distribution Partner in commercial transactions is not authorized to name trademarks of competing undertakings in a negative, derogative, or unlawful manner or to assess other companies negatively or derogatively.
(10) All presentations, advertisements, training, and video/film material, etc. (including photographs), as well as software products, services, and other proprietary services of Platin Genesis, are copyright-protected. The Distribution Partner without express written consent of PlatinGenesis in excess of the contractually granted utilization right is not authorized to reproduce, disseminate, make publicly accessible, or process such in full or in part. The distribution, reproduction, and publication of the training documents of the PLC Academy (e.g. by uploading to YouTube or other Internet media), as well as the modification or processing of such training records, is in particular prohibited.
(11) The use (or modification) of the trademark Platin Genesis, the registered trademarks, product designations, work titles, and business designations aside from expressly provided advertisement material and other official Platin Genesis records are permitted exclusively upon express written consent. Registering own brands, work titles, Internet domains, or other protective rights containing the Platin Genesis label or registered trademark, product designations, work titles, or business designations of Platin Genesis is furthermore prohibited. The above also applies to trademarks, business designations, or work titles to which PlatinGenesis holds exclusive utilization rights. The above-stated prohibition under paragraph (2) applies to identical as well as similar signs. Relabeling virtual goods of Platin Genesis is also prohibited.
(12) The Distribution Partner is not permitted to respond to press inquiries regarding Platin Genesis, its services, the Platin Genesis marketing plan, or other Platin Genesis services. TheDistribution Partner is obligated to immediately forward all press inquiries to Platin Genesis to the email@example.com. The Distribution Partner for the rest will also issue public statements(e.g. television, radio, Internet forums) regarding Platin Genesis, the Goods of the Platin Genesis product ranges and the Platin Genesis distribution system only with the prior written consent of Platin Genesis.
(13) The Distribution Partner shall report the location, time, and content of advertising events addressing the broad public to Platin Genesis management prior to publication of the invitation through the event planning system provided for this purpose by Platin Genesis. PlatinGenesis may demand changes or cancellation of the event if this is in the interest of the undertaking and of the Platin Genesis distribution organization as well as its members.
(14) Customer inquiries or customer complaints of any kind regarding the Goods, service, or compensation system of Platin Genesis must immediately be forwarded to PlatinGenesis to the email address s firstname.lastname@example.org.
(15) TheDistribution Partner is always prohibited from selling or otherwise distributing its own training, marketing, and/or sales documents to other distribution partners of Platin Genesis.
(16) TheDistribution Partner may request entry in the Yellow Pages. Such entry must, however, be approved by Platin Genesis in writing prior to publication and must, in particular, include the words “INDEPENDENT Platin Genesis DISTRIBUTION PARTNER”.
(17) The use of telephone numbers subject to a charge for marketing the activity or products of Platin Genesis is not permitted.
(18) PlatinGenesis enables the Distribution Partner to acquire Goods for its personal needs or the needs of family members. The Distribution Partner shall under no circumstances prompt its family members, other distribution partners, or other third parties to acquire Goods exceeding personnel needs in order to create or feign commission claims.
(19) After termination of its old position, a Distribution Partner may reregister with PlatinGenesis provided that the termination and confirmation of the termination by PlatinGenesis for the old position of the Distribution Partner was at least 6 months ago and the terminating Distribution Partner during this time did not perform any activities for Platin Genesis.
(20) TheDistribution Partner may advertise and distribute services for Platin Genesis or to recruit new distribution partners only in states in which Platin Genesis has officially launched.
(21) The Distribution Partner is obligated to immediately and truthfully inform Platin Genesis of violations against the provisions of the General Terms for Distribution Partners or other violations of applicable law by other distribution partners.
Sec. 8 Noncompetitionclause/solicitation/sale of third-party services
(1) The Distribution Partner is prohibited from distributing Goods and/or services for other businesses, including network marketing businesses, that compete with Platin Genesis.
(2) The Distribution Partner is prohibited from recruiting other Platin Genesis distribution partners for the distribution of other products.
(3) The Distribution Partner is prohibited from violating other distribution partners or other distribution agreements concluded by it with other businesses and the provisions of which are still in effect by concluding a Distribution Partner agreement.
(4) Insofar as the Distribution Partners simultaneously active for other competitors, other businesses, or networks,online marketing, or other direct marketing businesses, the DistributionPartner is obligated to design the respective activity (including its respective downline) so that the activity is not connected or commingled with its activity for the other company. In particular, the Distribution Partner is not authorized to offer other goods and/or services aside from Platin Genesis’Goods and/or services at the same time, at the same location, or in the immediate physical proximity, or the same Internet page, Facebook page, other social media platform, or Internet platform, unless Platin Genesis has expressly consented to such, e.g. because of an official cooperation between PlatinGenesis and that business.
Sec. 9 Confidentiality
The Distribution Partner is obligated to keep all operating secrets of Platin Genesis and its structure strictly confidential. Operating secrets include in particular also the data of customers and distribution partners as well as information regarding downline activities and the information contained therein. This obligation also survives the end of the Distribution Partner agreement.
Sec.10 Distribution Partner protection/crossline sponsoring/bonus manipulation
(1) The new distribution partner recruited for the first time for distribution of the products and Goods of Platin Genesis by an active Distribution Partner is allocated to the structure of the active Distribution Partner pursuant to the marketing plan and the placement requirements stipulated there (DistributionPartner protection). Recruitment and placement of the new distribution partner must take place through the independent referral link, whereby the date and time of receipt of the registration request of the new distribution partner at PlatinGenesis apply for an allocation. Insofar as two Distribution Partners claim to sponsor the same “new” distribution partner for themselves, Platin Genesis will consider only the sponsor listed in the initial registration.
(2) PlatinGenesis is authorized to delete the account and all personal data including the email address of the Distribution Partner from the system if advertisement mail,circulars, or emails are returned with the remarks “moved”, “deceased”, “not accepted”, “unknown”, or similar, and the Distribution Partner does not correct the erroneous data within a deadline of 30 days. Insofar as Platin Genesisincurs costs in connection with undeliverable advertising material and packages, Platin Genesis is authorized to demand the repayment of the costs from the Distribution Partner unless the Distribution Partner is not responsible for the erroneous delivery.
(3) Crossline sponsoring and also merely the attempt of cross-line sponsoring within the company is furthermore prohibited. Crossline sponsoring means the acquisition of a person or a company that is already a distribution partner of Platin Genesis in another distribution line or that held a distribution partner agreement within the last 6 months. Using the name of a spouse, relative, tradename, corporation, partnership, trust company, or other third parties to bypass this provision is also prohibited.
(4) In the event that the Distribution Partner itself activates a secondaccount in a crossline/sideline, Platin Genesis will block this second accountas of gaining knowledge of such and post the commission as unearned commission. The downline created under the second account will remain in place and will not be allocated to the initial account. The date and time of receipt of the first registration request of the Distribution Partner is decisive to determine theinitial account.
(5) The Distribution Partner is prohibited from soliciting existing distribution partners for other businesses/companies or to even attempt such. Solicitation means the acquisition of a person or a business that already is a distribution partner for Platin Genesis, whether in one’s own or crossline structures, for another and third-party business/company. In this regard it is also
prohibited to use the name of a spouse, relative, tradename, corporations, partnerships, trust companies, or other third parties to bypass this provision.
(6) Bonus manipulations are prohibited. This includes, in particular, the sponsoring of distribution partners that do not, in fact, exercise the PlatinGenesis business (so-called strawmen), as well as open or hidden multiple registrations. In this regard, it is also prohibited to use the name of a spouse,relative, member of the same household, tradename, corporation, partnership,trust company, or other third party to bypass this provision.
Prompting third parties to purchase or sell Goodsin order to gain a better position in the compensation plan or to otherwise cause a bonus manipulation is also prohibited. If the Distribution Partner neverthelessviolates this provision, all commissions for all affected accounts shall beposted as unearned as of gaining knowledge of such situation and the strawmanaccounts will be annulled.
(7) The Distribution Partner is not entitled to territorial protection.
Sec.11 Warning, contractual penalty, compensation for damages, liability release
(1) In the event of a first violation against the obligations of the DistributionPartner regulated in Section 7, Platin Genesis will issue a written warning with a deadline of 10 days to rectify the breach of duty. The DistributionPartner is obligated to reimburse the warning costs and in particular the attorney costs incurred for the warning.
(2) Reference is expressly made to Section 16 paragraph (3), according to which PlatinGenesis in the event of a violation of the obligations regulated in Section 8,9, 10 (3) and (4) as well as a particularly serious violation against the other applicable obligations under contractual regulations or statutory law listed inSection 7 is entitled to extraordinary termination without prior warning. Regardless of the right to immediate extraordinary termination regulated inSection 16 paragraph (3), Platin Genesis in individual cases is authorized upon occurrence of one of the above-stated breaches of duty and at its own free discretion to issue a warning in terms of paragraph (1) with a reduce rectification period prior to issuing the extraordinary termination.
(3) If, after expiration of the rectification period specified in the warning, the same or principally the same violation occurs or if the originally warned violation is not rectified, acontractual penalty charged at the discretion of Platin Genesis and to bereviewed by the competent court shall be due immediately. Additional attorneycosts are also incurred for the assertion of the contractual penalty, which theDistribution Partner is obligated to reimburse and to which reference isherewith expressly made.
(4) The Distribution Partner, regardless of theforfeited contractual penalty is furthermore liable for all damages incurred by Platin Genesis on the basis of a breach of duty in terms of Section 7-9 andSection 10 paragraphs 3 and 4, unless the breach of duty is not within thescope of responsibility of the Distribution Partner.
(5) In the event of an availment by a third party due to a violation of one of the obligations stipulated in Section7-9 and Section 10 paragraphs 3 and 4 or another violation of applicable law by the Distribution Partner, the Distribution Partner shall indemnify and hold PlatinGenesis upon first request by Platin Genesis harmless from any liability. The DistributionPartner in this regard is in particular obligated to accept all costs, in particular attorney, court, and damage compensation costs incurred by PlatinGenesis in this regard.
Sec. 12 Adjustment of prices
Platin Genesis reserves the right to change the pricesto be paid by the Distribution Partner or the commission percentage attributed to these services, the compensation plan, or user charges to the start of a new settlement period, in particular in light of changes of the market situation and/or the distribution structure, in particular the right to increase prices or adjust commissions to market circumstances. Platin Genesis shall inform the DistributionPartner of the change within a reasonable period prior to the change. Price increases by more than 5% or changes of the compensation plan to the detriment of the DistributionPartners by more than 10% authorize the Distribution Partner to object to the change. If the Distribution Partner does not object to the modified termswithin one month after the announcement of such, these changes will become apart of the agreement. Any changes known at the time of conclusion of the DistributionPartner agreement are not reportable and do not authorize the DistributionPartner to object. In the event of an objection, Platin Genesis is authorizedto terminate the agreement effective the time at which the modified or supplemented terms are to come into force.
Sec. 13 Advertising materials, contributions, data processing
All advertisement materials that are free of charge and othercontributions by Platin Genesis may be revoked at any time with future effect.
Sec. 14 Compensation/payment terms/commission paymentterms/assignment prohibition
(1) As compensation for its activity,the Distribution Partner upon reaching the necessary qualifications willreceive commission as well as other compensation which, including therespective qualification requirements, follow from the Platin Genesiscompensation plan. The commission is granted on the respective product priceminus a processing fee, which may vary from country to country and is between 5to 9% of the product price. All commission claims follow from the respective valid compensation plan, which the Distribution Partner is able to download from its backoffice and which is also available in the back office. Compensation is paid in PlatinCoinwhereby the exchange rate archived in the back office by Platin Genesis at the time of initiation of the payment applies, which may differ from the exchangerate available on Internet exchanges. All costs of the Distribution Partner for maintaining and executing its business, insofar as such are not separately contractually negotiated, are satisfied upon payment of the compensation.
A commission is not incurred if: the customer or the recruited distribution partner asserts their cancellation right or voluntary right of return regarding the Goods of Platin Genesis; the customer or the recruited distribution partner contests the distribution partner agreement with legal effect; the recruited distribution partner cancels its distribution partner agreement; Platin Genesis terminates the distribution partner agreement with the recruited distribution partner, or the recruited distribution partner has terminated its distribution partner agreement is-à-vis Platin Genesis. Commission already disbursed is accordingly deducted from the subsequent commission statement. Insofar as such option to offset doesnot exist, commission claims lapsed in this manner must be reimbursed. Theright of Platin Genesis to assert further claims for damages remains unaffected.
(2) Platin Genesis reserves theright to request that the Distribution Partner prior to initial disbursement ofcommission verifies its identity, address, and business registration (e.g.submission of the business license). The verification of a business, identity, and address may, at the choice of Platin Genesis, take place in the form of a copy of the business license or the identification card or passport in conjunction with a current power, gas, water, or other utility bill or other proof from the register of residents (not older than 3 months) through the specified electronic channel and must take place immediately, no later than within 2 weeks after the request. In case of legal persons or partnerships or registered merchants, the identification of the responsible person (e.g.managing director or personally liable shareholder) and—in the event of registration in the commercial register—a copy of the current commercialregister excerpt (not older than 3 months) must be submitted to verifyidentity. Furthermore, the Distribution Partner prior to initial disbursementof the commission must disclose its banking information.
(3) The Distribution Partner is initially listed as a small trader with Platin Genesis. The Distribution Partner will immediatelydisclose its sales tax ID number to Platin Genesis as soon as it opts to pay sales tax (value-added tax) within the scope of its commercial activity or exceeds the small business limits. The Distribution Partner is no longer listed as a small trader with Platin Genesis as soon as the commission claim of the DistributionPartner exceeds a monthly entitlement of EUR 1300 for the first time, so that PlatinGenesis will then immediately request that the Distribution Partner transmitsits sales tax ID number, which must be transmitted to Platin Genesis immediately or no later than within 14 days after receipt of the requestor, if a sales taxID number is not available the request for issuance of a sales tax ID number must be verified within the above stated deadline. Platin Genesis shalldisburse the commission only after transmission of the sales tax ID number and until that time will assert its retention right. Express reference is made to the option of blocking pursuant to Section15 (1) ofthese General Terms for Distribution Partners.
(4)Commissions and remuneration of the Distribution Partner can be disbursed only to the account bearing its name or the name of a partnership or a legal personthat is in a contractual relationship with Platin Genesis or, in the event ofdisbursement of the compensation in PlatinCoin, into the eWallet for theDistribution Partner, unless a different account was expressly accepted byPlatin Genesis separately in writing. Insofar as Platin Genesis incurs banking fees for remittance of the commission in Fiat money that exceeds the bank fees arising for domestic remittances, Platin Genesis is authorized to pass thesebanking fees on to the Distribution Partner to the extent and subject toparagraph (6) clause 1 insofar as they exceed common banking fees.
(5) Platin Genesis is authorized to retention right within the scope of the statutory requirements. Platin Genesis is furthermore authorized to assert a retention right for the disbursement ofcommissions in the event that not all legally required documents are availableprior to first disbursement, e.g. the sales tax ID number in case of legalpersons insofar as such has been requested and issued. In the event that the retention right is exercised with regard to commission payments by PlatinGenesis, it is deemed to be negotiated that the Distribution Partner is notentitled to an interesting claim for the period during which commission was retained.
(6)Platin Genesis is authorized to offset claims to which Platin Genesis isentitled against the Distribution Partner against the distribution partners commission claims either in full or in part. The Distribution Partner is authorized to offset if the counterclaim is undisputed or legally ascertained.
(7)Assignments and pledges of claims of the Distribution Partner under distribution partner agreements are excluded. Encumbering the agreement with third-partyrights is prohibited.
(8)The Distribution Partner shall review the issued statements in a timely manner and immediately inform Platin Genesis of possible objections. All commission claims follow from the respective valid compensation plan, which the DistributionPartner may download from its back office and which is accessible in the backoffice. Erroneous commissions, bonuses, or other payments must be reported to PlatinGenesis in writing within 60 days of the erroneous payment. After that time, the commission, bonuses, or other payments are deemed to be approved.
(9)The compensation is disbursed in consideration of the Platin Genesis paymentterms and payment types, weekly at the Distribution Partner’s express request.
Sec. 15 Blocking of the DistributionPartner
(1) In the event that the DistributionPartner within 14 days as of registration does not provide all necessary verification and acknowledges the requirements for the disbursement of commissions,Platin Genesis is entitled to temporarily block the Distribution Partner
until the legally required records are provided. The aforementioned also applies in case of unsuccessful expiration of the deadlinein terms of Section 14 (2) or a violation of the regulation stipulated inSection 14 (3) until the necessary action is rectified. The duration of blocking does not authorize the Distribution Partner and does not give rise to the right to extraordinary termination and also does not cause repayment of already paidservices or Goods or compensation for damages unless the Distribution Partner isnot responsible for the blocking.
(2) Commission claims that cannot bedisbursed on the basis of the stated reasons shall be posted as reserves withinPlatin Genesis and shall lapse no later than within the statutory limitationperiods.
(3) For each case of warning, PlatinGenesis is entitled to reimbursement of the costs necessary for such a warning.
(4) Regardless of the reasons forblocking listed in paragraph (1), Platin Genesis reserves the right to blocking for good cause. Platin Genesis in particular reserves the right to block accessof the Distribution Partner without notice if the Distribution Partner violates the obligations listed in Section 7-9 and Section 10 or any other applicablelaw or another good cause exists. Insofar as immediate grounds for terminationdo not exist and Platin Genesis dispatches a warning pursuant to Section 11 (1)to the Distribution Partner, the block will be revoked insofar as the DistributionPartner rectifies the corresponding breach of duty upon the warning by PlatinGenesis within the set notice period.
Sec. 16 Term andtermination of the agreement and consequences of termination/right of return
(1) The Distribution Partner agreementis concluded for 12 months. The agreement extends upon payment of the ServiceFee explained in Section 6 (2) automatically by another 12 months unless it is first terminated by either party in compliance with the written form with adeadline of one month to the end of the agreement. If the Distribution Partner despite corresponding payment request by Platin Genesis does not pay the above-stated service Fee within 30 days after the end of the respective term of theagreement, the agreement will be terminated automatically. Regardless thereof, the Distribution Partner is also authorized to properly terminate its distribution partner agreement at any time within the 12 monthterm of the agreement with a termination notice of one month to the end of a month.
(2) Regardless of the reason fortermination in (1), Platin Genesis reserves the right to termination for goodcause. Good cause exists in particular in case of a violation of one of the obligations regulated in Section 7 insofar as the Distribution Partner does not meetits rectification obligation in terms of Section 11paragraph (1) in a timely manner or, after rectification of the breach of duty,the same or comparable violation occurs again at a later time. In case of aviolation of the obligations regulated in Sections 8, 9, and10 (3) and (4) as well as in the event of a particularly serious violation of the obligations regulated in Section 7 or other applicable regulations under contractual provisions or statutory law, Platin Genesis without prior notice is authorizedto extraordinary termination. Extraordinary grounds for termination also existif the Distribution Partner does not comply with the provisions of Section 14(2) and (3) and after blocking pursuant to Section 15 (1) and a granting of alast deadline for the fulfillment of the provisions lets this deadline expireunsuccessfully. Extraordinary grounds for termination for each party furthermore exist if insolvency proceedings are opened against the other party or were rejected due to a lack of funds or the other party is otherwise insolvent or issued an affidavit regarding insolvency within the scope ofcompulsory enforcement. The right to extraordinary termination appliesregardless to further claims.
(3) Domains containing the sign “Platin Genesis”, a trademark, a business designation, or a work title of Platin Genesis may nolonger be used after the end of the agreement and upon the corresponding request must be handed over to Platin Genesis against assumption of costs of transferof the domain. The above-stated also applies to trademarks, business designations, or work titles to which Platin Genesis holds an exclusive utilization right.
(4) In the event of premature termination of an agreement with a minimum term, e.g. the agreement regarding the utilization rights under Section 6 (Service Fee), a claim to reimbursement of paid expenses/remuneration does not exist except in the case of extraordinary termination of the agreement for good cause by the Distribution Partner.
(5) After proper termination of its old position, a DistributionPartner may again register with another sponsor with Platin Genesis, provided that the proper termination and confirmation of the termination by PlatinGenesis for the old position of the Distribution Partner was at least 6 months ago and the terminating distribution partner did not perform any activity for PlatinGenesis during that time.
(6) Upon the end of the agreement, the DistributionPartner is not entitled to commissions, in particular also not to sales agent indemnification claims, because the Distribution Partner is not a sales agent in terms of the commercial code.
(7) In the event that a Distribution Partner simultaneously claims other services of Platin Genesis independently from the DistributionPartner agreement, these services continue to remain in force unaffected from the end of the Distribution Partner agreement,
unless the Distribution Partner upon termination also expressly requires the end of such and such termination is permissible. If the DistributionPartner after the end of the agreement continues to acquire services of PlatinGenesis, the Distribution Partner will be listed as a regular customer.
(8) Terminations must always be in writing, proper termination may also be issued by email.
Sec. 17 Exclusion of liability
(1) Platin Genesis is liable for damages excluding damages to life and limb only insofar as such are based onwillful or grossly negligent conduct or culpable infringement of an essential contractual obligation of Platin Genesis, its employees, or vicarious agents. This also applies to damages arising from the violation of obligations incontractual negotiations as well as the execution of tortious acts. Any further liability for compensation for damages is excluded.
(2) With the exception of the violation of life and limb or willful or grossly negligent conduct of PlatinGenesis, its employees or vicarious agents, liability is limited to damagestypically foreseeable upon conclusion of the agreement and for the rest limitedto the amount of average damages typical for this type of contract. This alsoapplies to indirect damages, in particular lost profit.
(3) Platin Genesis is not liable for damages of any kind arising on the basis of data losses on computer servers, with the exception of grossly negligent or intentional misconduct of Plantin Genesis, its employees, or vicarious agents. Stored content of distribution partners constitutes third-party information for Platin Genesis in terms of the Telemedia Act.
(4) The provisions of the Product Liability Act remain unaffected.
Sec. 18 Transfer of thebusiness operation/the sponsored structure to third parties/death of the DistributionPartner
(1) Platin Genesis is authorized to transfer its contractual position in full or in part at any time to a successor company that in an equal manner continues the transactions that are the subject matter of this agreement and fully enters into existing rights and obligations.
(2) The Distribution Partner is authorized to transfer its sales structure only to its civil partner or spouse and first-degree family members after prior written consent by Platin Genesis. For the rest, the transfer of the distribution structure is not permitted.
(3) Insofar as the Distribution Partner is a registered legal person or partnership, transfer of the distribution structure is permissible only in compliance with the further requirements under this agreement.
(4) Insofar as a new registered legal person or partnership as a Distribution Partner wishes to accept a new shareholder, this is possible only insofar as the previous shareholder(s)having requested the distribution partnership also remain shareholders. In the event that a shareholder as Distribution Partner of the registered legal person or partnership wishes to separate or transfer its shares to third parties, this act is also permissible upon corresponding written application possibly with submission of the corresponding notarized documents and in compliance with the requirements under this agreement subject to (2) of the General Terms forDistribution Partners. Platin Genesis collects an administrative fee in the amount of EUR 25 for processing the above-stated application. In case of noncompliance with this condition, Platin Genesis reserves the right toterminate the agreement with the registered legal person or partnership as a distribution partner.
(5) The Distribution Partner agreementends at the latest upon the death of the Distribution Partner. The DistributionPartner agreement may be inherited in compliance with statutory requirements. Anew distribution partner agreement must be concluded with the heir within 6months after death, on the basis of which the heir enters into the rights andobligations of the decedent. Insofar as the heir or one of the heirs as naturalperson is already registered as a Distribution Partner with Platin Genesis, theheir must relinquish its previous position in the distribution structure of PlatinGenesis or, if the requirements of Section 18 (2) are met, must transfer one ofthe two future distribution structures to a third party pursuant to Section18(2), because a natural person may hold only one position in the marketing plan. A death certificate is required to confirm the death. Insofar as the last will and testament exist for the inheritance of the Distribution Partner agreement, a notarized certified copy of the last will and testament must be submitted. After the unsuccessful expiration of the 6-month deadline, all rights and obligations under the agreement are transferred to Platin Genesis. On anexceptional basis, the six-month deadline will be reasonably extended insofaras it is unreasonably short for the heir in the individual case.
Sec. 19 Separation/dissolution
In the event that a Distribution Partner registered as alegal person or partnership closes its business internally, only one DistributionPartner position will remain after the separation, dissolution, or othertermination of the above-stated company. The separating members/shareholdersmust internally agree on the member/shareholder to continue the distributionpartnership and must inform Platin Genesis of this in writing. In the event of an internal dispute regarding the consequences of separation, divorce, dissolution, or other termination with regard to the distribution partnership with Platin Genesis, Platin Genesis reserves the right to extraordinary termination insofar as such dispute results in a neglect of the obligations ofthe Distribution Partner, a violation of these General Terms for DistributionPartners, a violation of applicable law, or unreasonable burden on the upline or downline.
Sec. 20 Inclusion of thecompensation plan
(1) The compensation plan and theprovisions contained therein are an express component of the DistributionPartner agreement. The Distribution Partner must always comply with theseregulations pursuant to the respective valid version.
(2) Upon dispatching of the onlineapplication to Platin Genesis, the Distribution Partner simultaneously assuresthat it has acknowledged the compensation plan and accepts these documents as acontractual component.
(3) Platin Genesis is authorized tomodify the compensation plan at any time. Platin Genesis will announcemodifications with reasonable notice. The Distribution Partner is authorized toobject to the modification insofar as it does not expressly accept themodification. In the event of an objection, the Distribution Partner isauthorized to terminate the agreement as of the coming into force of themodification. Insofar as the Distribution Partner does not properlyterminate the agreement within 4 weeks after coming into force of themodification, the Distribution Partner accepts the modification.
Sec. 21 Consent to use photographic and audiovisual material
The Distribution Partner grants Platin Genesis, free ofcharge, the right to create or perform photographic and/or audiovisual materialwith its image, voice recording, or statements or quotes by the DistributionPartner within the scope of its function as a distribution partner. In this regard, the Distribution Partner by signing the Distribution Partner agreement and by acknowledging these General Terms for Distribution Partners expressly consents to a publication, use, reproduction, and modification of its quotes, recordings, or records. The Distribution Partner is authorized to revoke theabove-stated consent. In the event of a revocation, Platin Genesis willdiscontinue the above-stated use within one month.
Sec. 22 Data protection
Sec.23 Statute of limitations
The claims under this contractual relationship shalllapse after six months as of the time at which the corresponding claim fallsdue and the beneficiary becomes aware of the circumstances giving rise to itsclaims or a lack of knowledge of these circumstances is based on grossnegligence. Statutory provisions requiring a longer statute of limitationremain unaffected.
Sec. 24 Applicable law/jurisdiction
(1) The law of the domicile of Platin Genesis to theexclusion of the UN Convention on the International Sale of Goods applies. Compulsory provisions of the state in which the Distribution Partner’s habitualresidence is located remain unaffected.
(2) The jurisdiction and place of fulfillment are the domicile of Platin Genesis insofar as such is permitted by compulsory law.
Sec. 25 Closing provisions
(1) Platin Genesis is authorized to modifythe General Terms for Distribution Partners at any time. Platin Genesis willannounce modifications with reasonable notice. The Distribution Partner isauthorized to object to the modification. In the event of an objection, the DistributionPartner is authorized to terminate the agreement as of the time of coming intoforce of the modification. If the Distribution Partner does not properly terminate the agreement within 4 weeks after the coming into force of the modification, the Distribution Partner has accepted the change.
(2) For the rest, modifications or amendments to these General Terms for Distribution Partners require the written form, this also applies to the cancellation of the written form requirement.
Status of the general terms for Distribution Partners: 01st February 2020