Ethical Rules (I.) and General Terms and Conditions for Distribution Partners (II.)
I. Ethical Rules
On behalf of our company, we sincerely welcome you as a new contractual partner (future distribution partner) and wish you the best possible success as an self-employed distribution partner of Platin Genesis, Jumeirah Lake Towers, Swiss Tower, Unit No 1004-44, Dubai, UAE, and more importantly, much joy in the distribution of our goods (see § 2 of the General Terms and Conditions for Distribution Partners for our range of goods). With respect to the distribution of our goods and contact with other people, our main priority is always the convenience and safety of our consumers, reliability, fair teamwork, compliance with the laws, and morality. This is true for the entire network marketing environment.
We therefore request you to read the following Ethical rules and also our General Terms and Conditions for Distribution Partners thoroughly and make the provisions therein a guiding principle for performing your work.
Ethical rules for dealing with consumers
• Our Distribution Partners advise their customers honestly and sincerely and clarify any misunderstandings on the goods, the business opportunity or other statements made during a consultation.
• At the customer's request, a sales pitch is waived, the discussion is postponed, or a discussion is amicably cancelled even after it has started.
• When a customer is contacted, the Distribution Partner informs the consumer of all the points regarding the goods (for example, purpose, nature, application) and even – at the consumer's request – the sales opportunities for the goods.
• All the information on the goods must be comprehensive and accurate.
• The consumer is not induced to accept products based on dubious and/or misleading promises or promises of special benefits, if these benefits are linked to uncertain successes in the future.
• A Distribution Partner may not provide any information with regard to the remuneration or the potential remuneration of distribution partners. Furthermore, a Distribution Partner may not guarantee any remunerations or create expectations.
• A Distribution Partner may not claim that the Platin Genesis remuneration plan or goods have been approved or licensed or are endorsed by a government agency.
Ethical rules for dealing with Distribution Partners
• Distribution Partners always treat each other fairly and respectfully. This also applies to dealing with Distribution Partners of other network marketing companies, online sellers or any direct marketers.
• New distribution partners are informed of their rights and obligations truthfully. Information on possible sales and employment opportunities must be omitted.
• There may be no verbal assurances on the Platin Genesis goods.
• Distribution partners are not permitted to poach distribution partners of other companies. Furthermore, distribution partners are not permitted to induce other distribution partners to change a sponsor within Platin Genesis.
• The obligations stated in §§ 7 – 10 of the following General Terms and Conditions for Distribution Partners must always be complied with as ethical rules.
Ethical rules for dealing with other companies
• The distribution partners of Platin Genesis always conduct themselves fairly and honestly with other companies working in network marketing, social-selling or any direct marketing fields.
• Systematic solicitation of distribution partners of other companies is prohibited.
• Any disparaging, misleading or unfair comparative statements on goods or
sales systems of other companies are prohibited.
Prefaced by these ethical rules of our company, we would now like to familiarise you with the General Terms and Conditions for Distribution Partners of Platin Genesis.
II. General Terms and Conditions for Distribution Partners
§ 1 Scope
(1) The following terms and conditions constitute a part of any distribution contract between Platin Genesis, Jumeirah Lake Towers, Swiss Tower, Unit No 1004-44, Dubai, UAE (hereinafter: Platin Genesis) email address firstname.lastname@example.org and the independent and self-employed Distribution Partner, affiliate, partner program participant or team partner (hereinafter: Distribution Partner).
(2) Platin Genesis provides its services exclusively on the basis of the General Terms and Conditions for Distribution Partners.
§ 2 Subject matter of the contract, package and additional services
(1) Platin Genesis is an innovative company which uses a high-tech and new concept of a decentralised network server farm for "Minting blockchain-based, digital - tradeable within the PLC Genesis-Cryptosystem - information units (hereinafter: Cryptocoins)". In the course of its work, PLC Genesis offers its customers server capacities and/or their own specially developed network computers for "minting Cryptocoins" in return for payment.
In addition, high-quality software products (such as an independent eWallet), training packages for and about "mining and minting Cryptocoins" and other services such as access to PLC Academy, PLC Business, Crowdfunding (once available), PLC Market or the decentralised PLC file-sharing site (once available) are provided for the aforementioned purposes. All the aforementioned goods and range of services together will be referred to as "goods" hereinafter and sold exclusively through the direct distribution channel.
It must be expressly pointed out that Platin Genesis does not directly or indirectly sell and otherwise distribute or broker Cryptocoins by itself or through a third party.
(2) The Distribution Partner can, but is not obligated to, broker goods for Platin Genesis at its discretion so that the brokering these goods forms the basis of a Distribution Partner's business. For this work, the broker receives an appropriate commission from the Distribution Partner.
This work does not require the Distribution Partner to incur any financial expenses, to accept a minimum quantity of goods from Platin Genesis or to recruit other Distribution Partners. The Distribution Partner is only required to register for free. Additionally, it is possible, but not mandatory, to recruit other distribution partners for the distribution of Platin Genesis goods and to receive a commission on the distribution of goods by the recruited distribution partners. The Distribution Partner explicitly does not receive any commission for the mere recruitment of a new Distribution Partner.The commission and also the method of disbursement or any other enforcement of the claim for commissions is based on the remuneration plan applicable at the time.
(3) To start and perform the work, Platin Genesis provides the Distribution Partner, in addition to several landing pages, an online back office which allows the Distribution Partner to gain an up-to-date and comprehensive overview of the sales, commissions and also the customers and downline developments. In addition, the Distribution Partner may, without any obligation to do so, purchase different equipment and/or service packages (hereinafter Business Packages) in return for payment, which, for example, grants the right to participate in the PLC Academy and to use the services offered therein. The Distribution Partner may find the content and price of each Business Package and the customised website in the back-office.
§ 3 General conditions for concluding the contract
(1) It is possible to conclude a contract with legal persons, joint partnerships or natural persons who or whose superiors, have reached 18 years of age and companiesin accordance with the applicable law and in possession of a business licence, if necessary. It is not possible to conclude a contract with a consumer.
(2) If a legal person or a joint partnership (GbR (partnership under civil law), OHG (partnership under business law), KG (limited partnership), etc.) submits a Distribution Partner application – if a joint partnership has it - the appropriate excerpt from the Commercial Register on registration as well as the VAT ID must be submitted. All the shareholders must be at least 18 years old. The shareholders are personally liable to Platin Genesis for the conduct of the legal person.
(3) Any Distribution Partner is only entitled to acquire a position in the remuneration plan, and circumventing this requirement by registering as a natural person and also through a legal person or a joint partnership is prohibited.
(4) The Distribution Partner is required to fill out the online distribution partner application fully and properly and to send it electronically to Platin Genesis. The Distribution Partner also accepts these General Terms and Conditions for Distribution Partners as duly noted and as an integral part of the contract with a separate "set a checkmark" on the application form. In individual cases, Platin Genesis reserves the right to obtain further information from the Distribution Partner.
(5) At the time of registration, the Distribution Partner must choose an email address and a password, after which he will receive a confirmation mail with the access data on the email address provided. Once the access data is received, the Distribution Partner can create a profile on the Internet platform and access the following offers:
▪Access to the dashboard
▪Option of downloading the Crypto Wallet
▪Use of the Wallet software
▪Option of creating an unlimited number of addresses in the Crypto Wallet
▪Access to the PLC Academy
▪Access to the PLC Network
▪Once available: Access to the PLC Business (Crowdfunding)
▪Once available: Access to the decentralised Platin Genesis file-sharing site
Prior to purchasing Business Packages for the first time or starting sales activities for Platin Genesis, the Distribution Partner must complete his data in his profile and also disclose his mobile phone number to Platin Genesis. It is verified by Platin Genesis by having the Distribution Partner receive a code on his mobile phone, which he must then enter in the Platin Genesis website. Only after entering the code is it possible to purchase Business Packages or commence the sales activity.
(6) Any changes to the personal data of the Distribution Partner must be reported to Platin Genesis without delay.
(7) Platin Genesis reserves the right to reject any distribution partner applications at its own discretion without any justification. If online order forms are used, they are considered as part of the contract.
(8) In the event of a breach of the obligations set out in Paragraphs (1), (2) and (4), Platin Genesis is entitled, without a prior warning, to cancel the distribution contract without notice and to reclaim any disbursed commissions. In this case, Platin Genesis also expressly reserves the right to assert further claims for damages.
§ 4 Status of the Distribution Partner as an entreprenuer
(1) The Distribution Partner acts as a self-employed and independent entrepreneur. He is neither an employee nor a sales representative or a broker of Platin Genesis. There are no sales targets, purchase, sales or other work targets. The Distribution Partner is not subject to any instructions from Platin Genesis other than the contractual obligations and bears full entrepreneurial risk of his business activities, including the obligation to bear all the business costs and the obligation to properly pay his employees, if any.
The Distribution Partner must set up and operate his business as a proper businessman, which also includes the operation of his own offices or a workplace managed like a proper businessman.
(2) As a self-employed entrepreneur, the Distribution Partner is responsible for complying with the relevant statutory provisions, including the requirements under the tax and social security law (for example, acquiring a VAT ID, registering his employees for social security and also obtaining a business licence). In this respect, the Distribution Partner asserts that all the commission income generated within the scope of his work for PLC Genesis will be duly taxed at his registered office. Platin Genesis reserves the right to deduct the appropriate amount for taxes and duties from the agreed commission or to claim damages or reimbursement for expenses incurred as a result of breach of the aforementioned obligations, unless the Distribution Partner is not responsible for the damages or the expenses. Platin Genesis will not pay any social security contributions for the Distribution Partner. The Distribution Partner is not authorised to issue any declarations or incur any liabilities on behalf of Platin Genesis.
§ 5 Voluntary contractual withdrawal policy
You register with Platin Genesis as an entrepreneur and not as consumer, due to which you have no legal right of withdrawal. Nevertheless, Platin Genesis grants you subsequent voluntary two-week contractual right of withdrawal.
Voluntary right of withdrawal
You may withdraw from your contractual declaration within two weeks without specifying any reason in text form (by letter or email). The period begins with the online transmission of the application for the Distribution Partnership. To meet the withdrawal deadline, it is sufficient to send the withdrawal notice in a timely manner (date stamp / date of the email).
The withdrawal notice must be addressed to Platin Genesis, Jumeirah Lake Towers, Swiss Tower, Unit No 1004-44, Dubai, UAE, email email@example.com
Waiving the right of withdrawal
Goods or other services are handed over / transmitted / provided only after the withdrawal period has expired. If the handover/transmission/provision is required by the Distribution Partner before the expiry of the withdrawal period, he hereby expressly waives his right of withdrawal.
Consequences of withdrawal:
In case of an effective withdrawal of the contractual declaration, the mutually received services must be returned and, if necessary, benefits derived from them surrendered. If you are unable to return the received service to us in whole or in part or return it only in a deteriorated condition, then you must pay us compensation if necessary. Obligations to reimburse payments must be fulfilled within 30 days. The period begins with you sending your declaration of withdrawal or the item.
A Distribution Partner may register again with Platin Genesis after exercising his right of withdrawal, provided that at least 6 months have elapsed since the Distribution Partner's withdrawal and the withdrawing Distribution Partner has not performed any activities for Platin Genesis during this time.
End of the withdrawal policy
§ 6 Administrative, support and processing fees / licence fees
(1) By registering with Platin Genesis and acquiring a Business Package for the first year of the contract, the Distribution Partner acquires the right to use the landing page provided, the back office, and the other videos and tools made available. The aforementioned right of use is a simple, non-transferable right of use related to the specific landing page, the back office, and the other videos and tools made available. The Distribution Partner does not have the right to change, edit or otherwise redesign, or the right to grant sublicenses. The aforementioned right of use also includes the maintenance, service, update and upgrade fees incurred, due to which the levied fee will be referred to as service fee in the future.
(2) From the 2nd year of the contract or in case of registration without the purchase of a Business Package from the 1st year of the contract, Platin Genesis calculates a separate annual service fee within the meaning of paragraph (1), the duration and payment of which is derived from § 16 (1) and the amount of which is obtained from the particular price table of Platin Genesis.
§ 7 Obligations of the Distribution Partner in the context of advertising and general obligations
(1) The Distribution Partner is required to protect his personal passwords and login IDs from access by a third party. Within the framework of his work, the Distribution Partner is prohibited from violating the rights of Platin Genesis, its Distribution Partners, associated companies or other third parties, harassing third parties, or otherwise breaking any applicable law. In particular, the Distribution Partner is prohibited from providing false or misleading information on the products of Platin Genesis or its sales system. Within the scope of his brokering and advertising work, the Distribution Partner may make only such statements on the goods - the range of goods and also the sales system of Platin Genesis, which comply with the guidelines set out in the advertising and information materials of Platin Genesis with respect to content. Furthermore, sending unwanted emails, faxes or SMS (spam) for advertising purposes is also prohibited. Additionally, misuse or illegal acts, such as using unauthorised or unfair advertising (for example, misleading statements) are prohibited. Likewise, any improper use of Platin Genesis or other services of Platin Genesis is prohibited.
(2) Within the framework of his work, the Distribution Partner is prohibited from infringing the competition law, the rights of Platin Genesis, its Distribution Partners, associated companies or other third parties, harassing third parties, or otherwise breaking any applicable law. In particular, unauthorised promotional calls and unwanted promotional emails, faxes or text messages (spam) are also prohibited.
Special advertising guidelines
(a) The Distribution Partner may not give or claim any information on his income or the potential earnings of Platin Genesis at any point or on any advertising medium. On the contrary, there is always an obligation to expressly point out to potential Distribution Partners during initial discussions that only very few Distribution Partners can achieve a higher income from their work for Platin Genesis and that earning an income is possible only through very intensive and continuous work.
(b) Sales and marketing activities must not imply any commissions which are seen as "premium per person" or other commissions connected with the mere recruitment of a new Distribution Partner. No actions may be taken that suggest that the advertised sales system is an illegal sales system, i.e. an illegal, progressive snowball system or a pyramid scheme or else a fraudulent sales system. Likewise, it may not be implied that Platin Genesis distributes a currency asset or other financial asset or
sells or otherwise distributes Cryptocoins or other cryptocurrencies or similar goods itself or through third parties.
(c) Sales and marketing activities may not be directed at minors or persons who are inexperienced in business matters and may not under any circumstances exploit their age, illness or limited ability to discern in order to induce consumers to conclude a contract. In case of contact with so-called socially disadvantaged or foreign-language population groups, the Distribution Partner will show due consideration towards their financial standing, their ability to discern and their language comprehension skills. Anything that could induce the members of such groups to purchase goods disproportionate to their circumstances is prohibited.
(d) Any sales and marketing activities that are inappropriate, illegal or unsafe or put undue pressure on the selected consumers are prohibited.
(e) Distribution Partners will refer consumers to recommendation letters, test results, references or other persons for business purposes only if they are officially authorised by the reference provider and also Platin Genesis and if they are true and not outdated.
Additionally, any recommendation letters, tests and personal references must relate to the intended purpose.
(f) The consumer is not prompted to accept goods based on dubious and/or misleading promises or promises of special benefits, if these benefits are linked to future uncertain successes. The Distribution Partners will refrain from doing anything that could induce the consumer to accept the submitted offer merely to do the seller a favour, to terminate an unwanted discussion, to enjoy the benefits which are not covered by the offer or to show gratitude for such benefits.
(g) A Distribution Partner may not claim that the remuneration plan or the goods of Platin Genesis have been approved or licensed or endorsed by a government agency or classified as legal by a law firm.
(3) The Distribution Partner is permitted to use, produce and distribute his own sales documents, Internet sites, product brochures, promotional videos or films, or any other independently created online or offline media and promotional material only with the prior consent of Platin Genesis. Advertising Platin Genesis services using his own or third-party Internet sites is also only permitted with prior consent of Platin Genesis. In case the Distribution Partner advertises the services of Platin Genesis on other Internet media such as social networks (for example, Facebook, Instagram, Google+), online blogs or chatrooms, he may only use the official Platin Genesis promotional statements. Furthermore, when advertising on other Internet media, the Distribution Partner must expressly point out that this is not the official advertising or presence of Platin Genesis. In addition, the Distribution Partner may not present the goods at trade fairs and trade exhibitions.
(4) The distribution partners may present the Platin Genesis goods face-to-face, at home parties or events, online home parties, webinars or any online presentations on a revocable basis in accordance with the applicable law.
(5) The goods may not be sold at auctions, public and private flea markets, file-sharing sites, department stores, Internet shops, Internet markets such as eBay, Amazon or similar points of sales.
(6) The Distribution Partner is required to identify himself as a SELF-EMPLOYED Platin Genesis Distribution Partner in the course of business transactions. Internet homepages, stationary, business cards, car graphics and also advertisement, promotional documents, etc. must have the additional label of "SELF-EMPLOYED Distribution Partner of Platin Genesis". Furthermore, the Distribution Partner is prohibited from seeking or taking out loans, incurring expenses, entering into obligations, opening bank accounts or concluding any contracts on behalf of Platin Genesis for or in the interest or on behalf of the company.
(7) The Distribution Partner himself must bear all the travel costs, allowances, office costs, phone costs or other expenses for promotional materials.
(8) In the course of the business transactions, the Distribution Partner is not entitled to designate brands of competing firms as negative, derogatory or illegal or to evaluate other companies negatively or derogatorily.
(9) All the presentation, promotional, training and video/film materials, etc. (including photographs) and also the software products, services and other self-developed services of Platin Genesis are protected by copyright. They may not be reproduced, distributed, made public or edited in full or in part by the Distribution Partner beyond the contractually granted right of use without express written consent of Platin Genesis. In particular, the distribution, reproduction and publication of the training material of PLC Academy (for example, by uploading it on YouTube or other Internet media) is prohibited, as is the modification or editing of this training material.
(10) In addition, the use (or modification) of the Platin Genesis sign, the registered trademarks, product names, work titles and business names of Platin Genesis beyond the expressly provided promotional material and other official documents of Platin Genesis is permitted only with express written consent. Furthermore, registering separate trademarks, work titles, Internet domains or other property rights, which contain the Platin Genesis sign or registered trademarks, product names, work titles or business names of Platin Genesis, is prohibited. This also applies to trade marks, business names or work titles to which Platin Genesis has exclusive right of use. The prohibition referred to in paragraph (2) applies to identical and also similar signs. Likewise, the relabelling of virtual goods of Platin Genesis is prohibited.
(11) The Distribution Partner is not permitted to respond to press inquiries about Platin Genesis, its services, the Platin Genesis marketing plan or other Platin Genesis services. The Distribution Partner is required to forward any press inquiries without delay to Platin Genesis to the email address firstname.lastname@example.org. Moreover, the Distribution Partner will not publicly comment (for example, television, radio, Internet forums) on Platin Genesis, the goods in the Platin Genesis range of products and the Platin Genesis sales system except with prior written consent from Platin Genesis.
(12) The Distribution Partner will report the location, time and content of the promotional events targeting the general public in a timely manner prior to the publication of the invitation of the Platin Genesis management in the event planning system provided for this purpose by Platin Genesis. Platin Genesis may request changes or even cancellation of the event if this is necessary in the interest of the company and the Platin Genesis sales organisation besides its members.
(13) Customer requests or complaints of any kind regarding the goods, the service or the compensation system of Platin Genesis must be forwarded without delay to Platin Genesis on the email address email@example.com.
(14) The Distribution Partner is always prohibited from selling or otherwise distributing his own training, marketing and/or sales documents to other Distribution Partners of Platin Genesis.
(15) A Distribution Partner may make an entry in the Yellow Pages. However, the content of such an entry must be approved in writing by Platin Genesis prior to publication and include the words "SELF-EMPLOYED Distribution Partner of Platin Genesis".
(16) The use of chargeable telephone numbers to market the work or products of Platin Genesis is not permitted.
(17) Platin Genesis allows the Distribution Partner to purchase the goods for personal use or for the use of family members. Under no circumstances may the
Distribution Partner induce his family members, other Distribution Partners or other third parties to purchase the goods at all beyond their own needs in order to thus create or imply commission claims.
(18) A Distribution Partner may register again with Platin Genesis after terminating his old position, provided that the termination and the confirmation of the termination by Platin Genesis for the old position of the Distribution Partner was at least 6 months earlier and the terminating Distribution Partner has not performed any activities for Platin Genesis during this time.
(19) The Distribution Partner may advertise and distribute or gain new Distribution Partners for the services of Platin Genesis only in those countries that have officially been covered by Platin Genesis.
(20) The Distribution Partner is required to promptly and truthfully notify Platin Genesis of any violation of the provisions of the General terms and Conditions for Distribution Partners or any violation of the applicable law by other Distribution Partners.
§ 8 Non-competition obligation / Solicitation / Sale of third-party services
(1) The Distribution Partner is permitted to distribute goods and/or services for other companies, including network marketing companies, even if they are competitors.
(2) However, the Distribution Partner is prohibited from soliciting other Platin Genesis Distribution Partners for the sale of other products.
(3) The Distribution Partner is prohibited from infringing against other Distribution Partners by concluding a Distribution Partner contract or infringing any distribution contracts which he has concluded with other companies and the clauses of which are still effective.
(4) If the Distribution Partner is simultaneously working for other competitors, other companies or network, online-marketing or any direct marketing companies, he is required to organise his work (in addition to that of his downline) in such a way that it does not combine or mix with his work for the other company. In particular, the Distribution Partner may not sell goods and/or services other than those of Platin Genesis at the same time, in the same location or in close proximity, or on the same webpage, Facebook page, any social media platform or Internet platform, except with the express consent of Platin Genesis, for instance because there is an official cooperation between Platin Genesis and this company.
§ 9 Confidentiality
The Distribution Partner must maintain absolute confidentiality about the trade secrets of Platin Genesis and its structure. Trade secrets also include, in particular, the customer and Distribution Partner data as well as the information on the downline activities and the information contained therein. This obligation continues even after the termination of the Distribution Partner contract.
§ 10 Distribution Partner protection / Cross-line sponsoring / Bonus manipulation
(1) To every active Distribution Partner, who gains a new Distribution Partner for the first time for selling the products and goods of Platin Genesis, the new Distribution Partner is assigned in his structure in accordance with the marketing plan and the placement rules set out therein (Distribution Partner protection). The new Distribution Partner must be acquired and placed using his own referral link, where the date and the time of the receipt of the registration application of the new Distribution Partner to Platin Genesis are applicable for the allocation.
If two Distribution Partners claim the same Distribution Partner as "newly" sponsored, Platin Genesis will only consider the sponsor referred to in the first registration.
(2) Platin Genesis is entitled to delete the account and therefore all the personal data, including the email address of the Distribution Partner, from the system, if promotional mails, letters or emails are returned with the comment "no longer at this address", "deceased", "not received", "unknown", etc. and the Distribution Partner does not rectify the incorrect data within a period of 30 days. If Platin Genesis incurs any costs due to the undeliverable promotional mails and packages, Platin Genesis is entitled to claim the costs from the Distribution Partner, unless the Distribution Partner himself is not responsible for the non-delivery.
(3) Furthermore, cross-line sponsoring and even an attempt of this within the company is prohibited. Cross-line sponsoring means acquiring a person or a company who or which is already a Distribution Partner at Platin Genesis in another sales chain or had a Distribution Partner contract within the last 6 months. Using the name of the spouse, relatives, trade names, corporations, joint partnerships, trusts or other third-parties in order to circumvent this provision is also prohibited.
(4) If the Distribution Partner himself activates a second account in a cross-line/side-line, then Platin Genesis will lock the second account once it has knowledge of it and post the commissions as unearned. The downline created under the second account will continue and is not subordinated to the first account. The date and the time of the receipt of the first registration application of the Distribution Partner is decisive for determining the first account.
(5) The Distribution Partner is prohibited from soliciting the existing Distribution Partners for other businesses/companies or from even attempt to do so. Solicitation refers to the acquisition of a person or a company who or which is already a Distribution Partner at Platin Genesis, irrespective of whether Using the name of the spouse, relatives, trade names, corporations, joint partnerships, trusts or other third-parties in order to circumvent this provision is also prohibited.
(6) Bonus manipulations are prohibited. This includes, in particular, sponsoring Distribution Partners who are in fact not working for Platin Genesis (called straw man companies), as well as open or hidden multiple registrations. Using the name of the spouse, relatives, persons of the same household, trade names, corporations, joint partnerships, trusts or other third-parties in order to circumvent this provision is also prohibited.
It is likewise prohibited to induce third parties to sell or purchase goods in order to thus achieve a better position in the remuneration plan or to otherwise cause any bonus manipulation. If the Distribution Partner still violates this provision, then, once known, the commissions for all the accounts concerned are registered as unearned and the straw man accounts are cancelled.
(7) The Distribution Partner is not entitled to territorial protection.
§ 11 Warning, Penalty, Damages, Indemnity
(1) In the event of a first breach of the obligations set out in § 7 by the Distribution Partner, a warning is issued by Platin Genesis, setting a period of 10 days to rectify the breach. The Distribution Partner is required to reimburse the costs of the warning, in particular the legal costs incurred for the warning.
(2) An explicit reference is made to § 16 Para (3), as per which Platin Genesis, in the event of a breach of the obligations set out in § 8, 9 and 10 (3) and (4) and also in the event of a particularly serious breach of those stated in § 7, is entitled for an extraordinary termination of any applicable contractual or legal right without prior warning. Notwithstanding the right of immediate cancellation for cause provided for in § 16 Para (3), Platin Genesis has the right, in individual cases in the event of one of the aforementioned breaches of obligations, to issue a warning within the meaning of Paragraph (1), even with a shorter cure period, at its sole discretion prior to issuing a notice of cancellation for cause.
(3) If the same breach or a fundamentally similar breach occurs again after the end of the cure period set by the warning, or the original breach subject to a warning is not corrected, then a penalty levied at the discretion of Platin Genesis and to be reviewed by the competent court is payable immediately. Furthermore, additional legal fees, which the Distribution Partner is required to reimburse, are incurred to enforce the penalty, which has already been expressly stated.
(4) Notwithstanding the forfeited penalty, the Distribution Partner is also liable for any damages incurred by Platin Genesis as a result of a breach within the meaning of §§ 7 – 9 and § 10 Para 3 and 4, unless the Distribution Partner is not responsible for the infringement.
(5) In the event of a claim by a third party as the result of a breach of one of the obligations stated in §§ 7 – 9 and § 10 Para 3 and 4 or any violation of an applicable law by the Distribution Partner, the Distribution Partner exempts Platin Genesis from liability upon the first request from Platin Genesis. In particular, the Distribution Partner is required to bear any costs, in particular legal fees, court costs and damages incurred by Platin Genesis in this connection.
§ 12 Price adjustment
Platin Genesis reserves the right, particularly in view of the changes in the market conditions and/or the sales structure, to change the prices to be paid by the Distribution Partner, the share of the commissions allocated to the services, the remuneration plan or user fees at the start of a new accounting period, in particular to increase the prices or to adapt the commissions to the market conditions. Platin Genesis will notify the change to the Distribution Partner within a reasonable time period prior to making the change. Increase of more than 5 % in the prices or changes of more than 10 % in the remuneration plan to be borne by the Distribution Partner entitle the Distribution Partner to object to the change. If the Distribution Partner does not object to the changed conditions within one month of the announcement, then they become part of the contract. Changes known at the time of concluding the Distribution Partner contract are not subject to notification and do not justify the right of objection of the Distribution Partner. In case on an objection, Platin Genesis is entitled to cancel the contract on the date on which the amended or supplementary terms and conditions should enter into force.
§ 13 Promotional material, Allowances, Data processing
All the free promotional material and any allowances from Platin Genesis may be revoked with effect for the future at any time.
§ 14 Remuneration / Terms of payment / Mode of commission payment /
(1) As remuneration for his work, upon achieving the required qualifications, the Distribution Partner receives commissions and other remunerations resulting from, including the specific qualification requirement, the Platin Genesis remuneration plan. All the commission claims result from the applicable remuneration plan, which the Distribution Partner can retrieve in his back office and which can be viewed in the back office. The Distribution Partner may choose to receive the remuneration in Fiatgeld or PlatinCoin, in which case the payment in PlatinCoin is subject to the conversion rate set by Platin Genesis in the back office at the time of releasing the payment, and this conversion rate may differ from the conversion rate on file-sharing sites available on the Internet (exchanges) under certain circumstances. The remuneration payment covers all the costs of the Distribution Partner for maintaining and performing his business activities, unless otherwise agreed in the contract.
(2) Platin Genesis reserves the right to request the Distribution Partner
to provide proof of identity, address and business registration (for instance, submission of the trade licence) prior to the first commission payment. At the discretion of Platin Genesis, the proof of business registration, identity and address may be submitted without delay in the form of a copy of the business licence and the personal ID or passport in conjunction with a current electricity, gas, water or any consumption bill or another resident register proof (not older than a month) by the specified electronic means no later than 2 weeks of the request. In case of legal persons or partnerships or registered traders, a proof of identity of the person responsible (for example, managing director or general partner) and – if entered in the commercial register - a copy of the current excerpt from the Commercial Register (not older than a month) must be submitted. Furthermore, the Distribution Partner must disclose his bank data prior to the first commission payment.
(3) The Distribution Partner is initially recorded as a small-scale trader at Platin Genesis. Once the Distribution Partner opts to pay sales tax (VAT) or exceeds the small business limit in the course of his business activities, he will immediately inform Platin Genesis by stating his VAT identification number. As soon as the Distribution Partner's claim for commission exceeds € 1,300 per month for the first time, the Distribution Partner no longer counts as a small-scale trader at Platin Genesis, and Platin Genesis will then request the Distribution Partner to send his VAT identification number, which must then be sent to Platin Genesis without delay and no later than 14 days after receiving the request, or, if the Distribution Partner does not have a VAT identification number, the application for a VAT identification number must be submitted within the aforementioned period. Platin Genesis will pay the commission only after submission of the VAT identification number and until then it will exercise its right of retention. The possibility of suspension in accordance with § 15 (1) of these General Terms and Conditions is expressly stated.
(4) Unless a different account was expressly accepted separately in writing by Platin Genesis, the commissions and charges of the Distribution Partner may be paid out only in the accounts which are in his name or that of a partnership or a legal person, who have a contractual relationship with Platin Genesis, or, in case the remuneration is paid out in PlatinCoin, only into the eWallets set up by the Distribution Partner. If Platin Genesis incurs bank charges exceeding those incurred for domestic transfers for transferring the commission in the form of Fiatgeld, Platin Genesis is entitled to pass on these charges to the Distribution Partner in accordance with Paragraph (6) Sentence 1, as they exceed the usual bank charges.
(5) Platin Genesis is entitled to assert a right of retention within the framework of the statutory requirements. Furthermore, Platin Genesis is entitled to assert a right of retention for the disbursement of commissions, if not all the legally necessary documents are available prior to the first payment, for example, the VAT identification numbers of legal persons, insofar as they are requested and issued. If Platin Genesis exercises its right to retain the commission payments, it is understood that the Distribution Partner is not entitled to claim interest for the period of retention of the commission.
(6) Platin Genesis is entitled to set off in full or in part its claims against the Distribution Partner with the Distribution Partner's commission claims. The Distribution Partner is entitled to a set-off if the counterclaims are uncontested or legally established.
(7) Assignment and pledging of claims of the Distribution Partner arising from distribution contracts are excluded. The imposition of third-party rights on the contract is not permitted.
(8) The Distribution Partner will promptly check the issued invoices and immediately notify Platin Genesis of any objections. All the commission claims arise from the applicable remuneration plan which the Distribution Partner can retrieve in the back office and which can be viewed in the back office. Incorrect commissions, bonuses or any payments must be notified in writing to Platin Genesis within 60 days of the incorrect payment. The commissions, bonuses or any payments are deemed as approved after this date.
(9) The remuneration is paid out weekly at the express request of the Distribution Partner, subject to the payment methods and disbursement types of Platin Genesis.
§ 15 Suspension of the Distribution Partner
(1) In case the Distribution Partner fails to provide the required proof within 14 days from the registration and knowledge of the commission disbursement requests, Platin Genesis is entitled to temporarily suspend the Distribution Partner until the legally required documents are provided. This also applies in case of unsuccessful expiry of the period within the meaning of § 14 (2), or breach of the provisions laid down in § 14 (3) until completion of the required action, and also non-payment of the charges or licence fees to be paid by the Partner. The period of suspension does not entitle the Distribution Partner to cancel the contract for cause, nor does it occasion a refund for the services or goods already paid for, or a claim for damages, unless the Distribution Partner is not responsible for the suspension.
(2) Commission claims which cannot be paid out due to the mentioned reasons are registered as a reserve and become time-barred within the statutory limitation periods at the latest.
(3) In every instance of a warning, Platin Genesis is entitled to reimbursement of the costs required for this warning.
(4) Irrespective of the reasons for suspension referred to in Paragraph (1), Platin Genesis reserves the right to suspend for cause. In particular, Platin Genesis reserves the right to block the Distribution Partner's access without notice, if the Distribution Partner breaches the obligations referred to in §§ 7 - 9 and § 10 or any other applicable law, or otherwise for an important reason. Provided that there are immediate grounds for cancellation and Platin Genesis sends a warning to the Distribution Partner in accordance with §11 (1), the suspension is revoked if the Distribution Partner rectifies the particular breach of the obligations within the defined period at a warning from Platin Genesis.
§ 16 Period and termination of the contract and consequences of the termination
/Right of return
(1) The distribution partner contract is agreed for 12 months. The contract is automatically extended by an additional 12 months with the payment of the service fees referred to § 6 (2) if it is not cancelled earlier by one party in writing with a period of one month until the end of the contract. The contract is cancelled automatically if the Distribution Partner does not pay the aforementioned service fee within 30 days after the end of the particular contract period despite a payment request by Platin Genesis. Nevertheless, the Distribution Partner also has the opportunity to cancel the distribution contract at any time within the 12-month contract period with a notice period of one month towards the end of the month.
(2) Irrespective of the reasons for cancellation referred to in (1), Platin Genesis reserves the right to cancel for cause. Cause exists in particular in the event of a breach of one of the obligations set out in § 7, insofar as the Distribution Partner does not fulfil his obligation to rectify the breach within the meaning of § 11 Para (1) in a timely manner or the same or a similar breach occurs again at a later date after the breach of the obligations has been rectified. In the event of a breach of obligations set out in § 8, 9 and 10 (3) and (4) and also in the event of a particularly serious breach of those set out in § 7 or any applicable contractual or legal right, Platin Genesis is entitled to cancel the contract for cause without a prior warning. Grounds for cancellation for cause also exist if the Distribution Partner does not meet the requirements set out in § 14 (2) and (3) and, after his suspension in accordance with § 15 (1) and after setting a final deadline to meet the requirements, also allows this deadline to expire unsuccessfully. Furthermore, each party has grounds for cancellation for cause if insolvency proceedings were initiated against the other party, or the proceedings were dismissed due to lack of assets, or the other party is otherwise insolvent, or has made an affidavit on the insolvency in the course of the enforcement. The right to cancel for cause exists without prejudice to the other claims.
(3) Domains containing the "Platin Genesis" sign, a trade mark, a business name or a work title of Platin Genesis may no longer be used after the termination of the contract and must be given back to Platin Genesis upon request in return for charges for transferring the domain. This also applies to trade marks, business names or work titles to which Platin Genesis has exclusive right of use.
(4) In the event of premature cancellation of a contract with a minimum term such as a contract on the right of use in accordance with § 6 (Service fees), there is no right of reimbursement of the fees/remuneration paid, unless the Distribution Partner has cancelled the contract for cause without notice.
(5) A Distribution Partner may register again with Platin Genesis through another sponsor after terminating his old position with notice, provided that the termination with notice and the confirmation of the termination by Platin Genesis for the old position of the Distribution Partner was at least 6 months earlier and the terminating Distribution Partner has not performed any activities for Platin Genesis during this time.
(6) With the termination of the contract, the Distribution Partner has no right to commission payments, in particular the Distribution Partner is not entitled to claim compensation as a commercial agent, because the Distribution Partner is not a commercial agent within the meaning of the Commercial Code.
(7) If, at the same time, a Distribution Partner claims benefits from Platin Genesis that are independent of the distribution contract, these benefits continue to remain in force, unaffected by the termination of the distribution partner contract, unless with the cancellation of the contract the Distribution Partner also expressly requests the termination thereof and such a termination is permitted. If the Distribution Partner continues to receive benefits from Platin Genesis after the termination of the contract, he is considered as a normal customer.
(8) Cancellations must always be in writing, and a notice of cancellation may also be sent by email.
§ 17 Disclaimer
(1) Platin Genesis is only liable for damages other than those caused by injury to life, limb or health, insofar as they are caused by intentional acts or acts of gross negligence, or by a culpable breach of a material contractual obligation (for example, commission payment) by Platin Genesis, its employees or agents. This also applies to damages resulting from the breach of obligations during contract negotiations and also from the performance of unlawful acts. Any further liability for damages is excluded.
(2) Except in the event of injury to life, limb or health, or wilful or grossly negligent conduct of Platin Genesis, its employees or agents, liability is limited to typically foreseeable damages and, otherwise to the amount of the average damages that are typical for the contract. This also applies to indirect damages, in particular loss of profit.
(3) Platin Genesis is not liable for damages of any kind resulting from the loss of data on the servers, except in the event of grossly negligent or wilful misconduct of Platin Genesis, its employees or agents. Stored contents of the Distribution Partners constitute third-party information within the meaning of the TMG (Telemedia Act).
(4) The provisions of the Product Liability Act remain unaffected.
§ 18 Transfer of business operations / sponsored structure to third parties / Death of the Distribution Partner
(1) Platin Genesis may transfer its contractual position in whole or in part at any time to a successor company which will continue the business, which is covered by this contract, in the same way and fully assume the existing rights and obligations.
(2) The Distribution Partner is entitled to transfer his or her distribution structure only to his or her registered life partner or spouse and first degree relatives with prior written consent of Platin Genesis. Otherwise the Distribution Partner is not permitted to transfer his or her sales structure.
3) Insofar as a legal person or partnership is registered as a Distribution Partner, transferring the sales structure is permitted only in compliance with the other requirements of this contract.
(4) Insofar as a new legal person or partnership who or which is registered as a Distribution Partner wants to admit a new shareholder, it is possible to do so if the previous shareholder(s) who has or have requested the Distribution Partnership also remain(s) as shareholder(s). If a shareholder who, as a Distribution Partner, wants to leave the registered legal person or partnership or transfer his shares to third parties, this action is permitted on submitting a written application, if required, presenting the relevant notarial deeds and in compliance with the provisions of this contract in accordance with (2) of the General Terms and Conditions for Distribution Partners. Platin Genesis charges an administrative fee of € 25.00 for processing the aforementioned application. If this requirement is not met, then Platin Genesis reserves the right to cancel the contract of the legal person or partnership registered as a Distribution Partner.
(5) The distribution partner contract ends at the latest with the death of the Distribution Partner. The distribution contract may be inherited if the legal requirements are met. A new distribution partner contract must be concluded with the heir, who will assume the rights and obligations of the deceased, within 6 months of the death. Insofar as the heir or one of the heirs, as a natural person, is already registered as a Distribution Partner at Platin Genesis, the heir must relinquish his previous position in the sales structure of Platin Genesis since a natural person may only be assigned one position in the marketing plan or, if the requirements stated in § 18 (2) are met, the heir must transfer one of the two future sales structures to a third party in accordance with § 18 (2). The death must be proved by a death certificate. Insofar as there is a will on the inheritance of the distribution contract, a notarised copy of the will must be submitted. After the six-month period expires, all the rights and obligations arising from the contract are transferred to Platin Genesis. By way of exception, the six-month period is extended by an appropriate length, insofar as it is excessively short for the heir(s) in individual cases.
§ 19 Separation / Dissolution
If a Distribution Partner registered as a legal person or a partnership terminates the company internally, then this also applies if only one distribution partner position remains after the separation, dissolution or any termination of the aforementioned company. The separating employees/shareholders must internally agree which employee(s)/shareholder(s) should continue the Distribution Partnership and this should be shown to Platin Genesis in writing. In case of an internal dispute on the consequences of the separation, resignation, dissolution, or any termination with regard to the Distribution Partnership at Platin Genesis, Platin Genesis reserves the right to cancel the contract for cause, insofar as such a dispute leads to neglect of the obligations of the Distribution Partner, a breach of these General Terms and Conditions for Distribution Partners, a violation of an applicable law or an unreasonable burden on the downline or upline.
§ 20 Inclusion of the remuneration plan
(1) The remuneration plan and the provisions therein are an explicit part of the distribution contract. The Distribution Partner must always comply with these provisions in their current version.
(2) By sending the online application to Platin Genesis, the Distribution Partner also asserts that he has duly noted the remuneration plan and accepts these documents as a part of the contract.
(3) Platin Genesis is entitled to change the remuneration plan at any time. Platin Genesis will announce the changes within a reasonable period. The Distribution Partner is entitled to object to the change, provided that he does not expressly accept the change. In case of an objection, the Distribution Partner is entitled to cancel the contract when the change enters into force. Provided that he does not cancel the contract with notice within four weeks after the change enters into force, the Distribution Partner accepts the change.
§ 21 Consent to the use of photographic and audio-visual material
The Distribution Partner grants Platin Genesis, free of charge, the right to record or create photographic and/or audio-visual material with his image, voice recordings or statements and quotes in his capacity as a Distribution Partner. To this extent, by signing the distribution application and by duly noting the General Terms and Conditions for Distribution Partners, the Distribution Partner expressly consents to publish, use, duplicate and change his quotes, photographs or recordings. The Distribution Partner has the right to withdraw the aforementioned consent. In case of withdrawal of consent, the aforementioned use will be ceased by Platin Genesis within a period of one month.
§ 22 Data protection and proof of legitimacy
For the verification of the identity of all partners and clients of Platin Genesis, the KYC - method (Know your customer) will be employed. This proof of legitimacy meets the requirements for the prevention of money laundering.
§ 23 Statute of limitations
The claims arising from this contractual relationship become time-barred in 6 months from the date on which the claim in question becomes due and the claimant knows the circumstances that give rise to the claim or if his ignorance of these circumstances is due to gross negligence. Statutory regulations which provide for a longer period of limitation remain unaffected.
§ 24 Applicable law / Jurisdiction
(1) The law of the country where Platin Genesis has its registered office applies, excluding the UN Convention on Contracts for the International Sales of goods.
Mandatory provisions of the law of the country in which the Distribution Partner has a habitual residence remain unaffected.
(2) The jurisdiction and the place of performance is the registered office of Platin Genesis, provided this provision does not contradict any mandatory law.
§ 25 Final provisions
(1) Platin Genesis is entitled to amend the General Terms and Conditions for Distribution Partners at any time. Platin Genesis will announce the amendments within a reasonable period. The Distribution Partner has the right to object to the amendment. In case of an objection, the Distribution Partner is entitled to cancel the contract when the amendment enters into force. Provided that the Distribution Partner does not cancel the contract with notice within four weeks after the amendment enters into force, the Distribution Partner accepts the amendment.
(2) In addition, any amendments or additions to these General Terms and Conditions for Distribution Partners must be in writing. This also applies to the elimination of the need for written form.
Version of the General Terms and Conditions for Distribution Partners: 01.05.2018