General Terms and Conditions of Trade Partner Agreement, Including Deviating Place of Jurisdiction
Introduction / ethical rules
Welcome as our new commercial Contracting Partner and Virtual Store Owner (hereinafter referred to as VSO). We wish you all the best in your enterprise as an independent VSO of Releezer Franchise and Sales d.o.o., Ul. Majke Tereze 56, 85360 Ulcinj, Montenegro represented by Patrick Weber, Director, with head office at the above address (hereinafter referred to as RELEEZER) and, most of all, lots of fun selling our goods. When selling our goods and interacting with other people, we always focus above all on consumer convenience and safety, integrity, fair conduct amongst one another and in the overall field of network marketing, party sales or other direct sales as well as compliance with laws and good manners.
Please therefore read the following ethical rules and our General Terms and Conditions of Trade Partner Agreement very carefully and live them in your daily operations.
Ethical rules on dealing with consumers
• Our VSO provide your VSO with honest and trustworthy advice and clarify any misunderstandings relating to goods, business options or other statements during a consultation.
• At the beginning of personal sales talks or phone calls, VSO introduce themselves, truthfully and without requiring prompting, with their name and as a VSO of RELEEZER. They also disclose the business purpose of their visit or call at the start of the sales talk and make it clear which goods or services are to be offered.
• Upon the customer’s request, sales talks shall be cancelled, postponed or abandoned.
• VSO never are never pushy. In particular, visits and phone calls shall be conducted at reasonable hours, unless explicitly requested otherwise by the consumer. The companies and/or their VSO shall only call a consumer for advertising purposes with their prior explicit consent. The phone number of the caller shall be disclosed.
• During a customer talk or call, the VSO shall inform the consumer about all aspects relating to the goods offered as well as the sales options, upon the consumer’s request.
• All information on the goods shall be comprehensive and truthful. VSO shall not issue misleading statements or even promises in any form regarding the goods.
• VSO shall not make any claims about the goods, their prices or contractual terms and conditions that have not been approved by RELEEZER.
• VSO shall only refer the consumer to recommendations, test results or other persons for business purposes that have been authorised by the referee and RELEEZER and which
shall be accurate and up-to-date. Recommendations, tests and personal references shall further always relate to the intended purpose.
• The consumer shall not be compelled to purchase products through dubious and/or misleading promises nor through promises of specific advantages if such advantages are linked to future uncertain successes. THE VSO shall refrain from engaging in any activities that could encourage consumers to only accept an offer in order to grant a personal favour to the provider, to end unwanted talks or to obtain an advantage that does not form part of the offer or appear open to the granting of such advantage.
• VSO shall not refer to their remuneration or the potential remuneration of other VSO. VSO shall further refrain from guaranteeing or promising remuneration or raise any other form of expectation.
• VSO shall treat persons inexperienced in business matters with consideration and shall never use their age, illness or limited ability to reason to encourage them into concluding an agreement.
• When engaging with so-called socially weak or foreign-language demographic groups, VSO shall be reasonably considerate with regard to their financial capabilities as well as their abilities to reason and to speak foreign languages and shall, in particular, refrain from any activities that could encourage members of such groups to place orders above their financial means.
Ethical rules on dealing with VSO
• VSO shall always treat each other fairly and respectfully. The above shall also apply to the treatment of VSO of other competitors or network marketing, party sales or other direct sales companies.
• New VSO shall be truthfully informed about their rights and obligations. No information shall be provided on potential sales and earnings opportunities.
• No verbal assurances regarding goods and services of RELEEZER shall be issued.
• VSO shall not systematically recruit VSO of other companies. VSO shall further refrain from encouraging other VSO to change a sponsor within RELEEZER.
• The obligations of the following General Terms and Conditions of Trade Partner Agreement are also classed as the ethical rules and shall be complied with at all times.
Ethical rules on dealing with other companies
• RELEEZER VSO shall always act fairly and honestly toward other competitors or companies in the network marketing sector, party sales or other direct sales.
• They shall refrain from systematically recruiting the VSO of other companies.
• Depreciating, misleading or dishonest comparative statements regarding goods and services or sales systems of other companies are prohibited.
With these ethical rules of our company in mind, please now read the General Terms and Conditions of Trade Partner Agreement of RELEEZER.
Section 1 Scope
(1) The above General Terms and Conditions of Trade Partner Agreement form part of all trade partner agreements concluded between Releezer Franchise and Sales d.o.o., Ul. Majke Tereze 56, 85360 Ulcinj, Montenegro represented by Patrick Weber, Director, with head office at the above address (hereinafter referred to as RELEEZER) and the independent and self-employed Contracting Partner, namely the Virtual Store Owner (VSO). It shall form the basis for a mutual, fair and successful business relationship.
(2) Special rules for ITALY.
Within the scope of this contractual relationship and these General Terms and Conditions of Agreement, the VSO is to be classed as an “Incaricato alle Vendite a Domicilio” (“Incaricato”) whose status is regulated by the Italian legislative decree no. 114/1998 [Decreto Legislativo n. 114/1998] and law no. 173/2005 [Legge N. 173/2005].
It is further important to know that VSO (Incaricati) may not resell RELEEZER goods. As a result, the provisions of these General Terms and Conditions of Agreement referring to reselling do not apply to VSO (Incaricati) and other provisions contained in these General Terms and Conditions of Agreement relating to the marketing or sales of RELEEZER goods are to be reduced to the mere “advertising of the goods” for VSO (Incaricati).
(3) RELEEZER provides its services exclusively in accordance with these General Terms and Conditions of Agreement.
Section 2 Object of the Agreement
(1) RELEEZER is a company which sells brand products and other goods of any kind (hereinafter referred to as goods) via online distance trading. The specific sales system of RELEEZER works on the principle that the VSO offers the goods for sale to end consumers via an individualised RELEEZER website. VSO shall broker the goods for RELEEZER through the individual online stores allocated to them so that the brokerage of the goods forms the basis for the business of a VSO. For this activity, the VSO does not have to pay any financial expenses apart from the monthly service fee (see Section 6 for further details in this respect), acquire / purchase a minimum number of goods or other services from RELEEZER or recruit other VSO. The VSO merely has to register. VSO receive corresponding agency commission for their activities.
(2) VSO also may, but are not obliged to, recruit other VSO. The recruiting VSO shall receive corresponding commission on the product sales of the recruited VSO for such activities if the qualifying limit has been reached. However, no commission is ever paid on advertising. The
commission as well as the manner of payment depend on the sales and marketing plan applicable at the time.
(3) Upon successful registration, RELEEZER shall provide VSO with training and personalised advertising tools as well as an online back office plus landing page, including the right of use within the meaning of Section 6 (1), which provide the VSO with an always up-to-date and comprehensive overview of their brokered sales, commission entitlements, invoices as well as the VSO and downline developments.
Section 3 General terms and conditions for the conclusion of the Agreement
(1) VSO usually receive an e-mail invitation from an existing VSO who has made them aware of RELEEZER. This e-mail contains a registration link which can be used for registering with RELEEZER as a VSO. Agreements can be concluded with corporate entities, private companies or natural persons over the age of 18 who run a company and have proof of commercial activities (e.g. trade license) (if required). Agreements may not be concluded with consumers. Only one VSO application shall be accepted per natural person, private company (e.g. GbR, OHG, KG) and corporate entity (e.g. AG, GmbH, Ltd.) and a natural person may not additionally register as the partner of a private company or corporate entity nor register multiple times in any other manner.
(2) If a corporate entity submits a VSO application, copies of the corresponding commercial register excerpt showing the registration and VAT identification number and, if the latter is not available, tax ID shall be provided. All partners, as well as partners of the partners, if applicable, if a partner is also a corporate entity or private company, shall be named in person, be at least 18 years of age and sign the application themselves. The partners shall assume personal liability to RELEEZER for the conduct of the corporate entity.
(3) For private companies, copies of the corresponding commercial register excerpt showing the registration as well as VAT identification number shall be submitted, if such excerpt is available. All partners, as well as partners of the partners, if applicable, if a partner is also a corporate entity or private company, shall be named in person, be at least 18 years of age and sign the application themselves. The partners shall assume personal liability to RELEEZER for the conduct of the private company.
(4) Spouse, partners and other family members with joint place of residence shall not act as a RELEEZER VSO.
(5) Special rules on joint VSO accounts for France, Italy and Sweden
(a) Special rules for FRANCE
VSO (as VDI partners under French law) in France shall not hold a joint VSO account, i.e. co-ownership of a VSO account by a third party is prohibited. Spouses (including registered partners) shall neither be jointly registered as VSO nor own individual VSO accounts within the same tree structure.
(b) Special rules for ITALY
Co-ownership of the VSO account by a VSO (Incaricato) is prohibited, i.e. co-ownership of a VSO account by a third party is prohibited. Spouses (including registered partners) shall neither jointly register as a VSO (Incaricato) nor own individual VSO accounts within the same tree structure.
(5) Any order forms that may be used shall form part of the agreement.
(6) VSO can register as a VSO with RELEEZER for if they wish to engage in such activities. When registering, VSO shall fully and properly complete the trade partner application and forward it to RELEEZER in the specified manner. VSO shall further confirm that they have read these General Terms and Conditions of Trade Partner Agreement by ticking the corresponding box and accept them as part of the Agreement.
(7) RELEEZER reserves the right to reject trade partner applications at its discretion and without providing any reason.
(8) Special rules for ITALY.
(a) Under Italian law, corporate entities within the meaning of Paragraph (2) and private companies within the meaning of Paragraph (2) may not register as Incaricato, meaning that only natural persons can register as VSO (Incaricato) with RELEEZER in Italy. The VSO (Incaricato) shall send a copy of a valid identification document to RELEEZER and meet the “respectability requirement” in accordance with Section 71 of legislative decree no. 59/2010 [Decreto Legislativo n. 59/2010], with the above obligation to be fulfilled during the entire contractual term as well as on the date of the extension of agreement in accordance with Section 16 (1).
(b) VSO (Incaricato) have the voluntary right to withdraw from the agreement (see Section 5) as well as a special right to terminate the agreement after submitting their application. However, if VSO fail to terminate the agreement within 10 working days from it being signed (based on the date of signature) (applicable to offline applications) and/or after sending the Agreement (applicable to offline agreements), they shall accept the Agreement and General Terms and Conditions of Agreement as part of the Agreement.
(9) In the event of the obligations stipulated in Paragraphs (1) to (4), (6) Sentences 1 and (8) (a) being violated, RELEEZER may terminate the trade partner agreement without notice. RELEEZER also reserves the right to assert further claims for damages in the event of termination without notice.
Section 4 Status of the VSO as a company
(1) The VSO acts as an independent and self-employed entrepreneur. The Parties shall mutually agree that the VSO initially engages in part-time activities only. The VSO shall not become an employee nor sales representative, franchisee or agent of RELEEZER. There are no sales specifications, purchasing obligations or other obligatory activities. With the exception of contractual obligations, VSO are not subject to any instructions by RELEEZER and shall carry the full entrepreneurial risk of their trading activities, including the obligation to carry all of their business costs. Insofar as required, VSO shall set up and run their operations within the meaning of a proper
business person, including, insofar as required, the operation of their own offices or a workplace run within the meaning of a proper business person.
(2) As independent entrepreneurs, VSO are solely responsible for compliance with the relevant legal provisions, including tax and social insurance provisions (e.g. obtaining a VAT identification number or registering their employees with social insurance companies as well as obtaining a trade license, if required). VSO shall therefore assure that they properly tax all commission income generated from their activities for RELEEZER at their domicile. RELEEZER reserves the right to deduct the respective taxes and levies from the agreed commission and/or claim damages or compensation for expenses which it incurs due to a violation of the above provisions, unless the VSO is not responsible for the damage or expense. RELEEZER does not pay any social insurance contributions for the VSO.
(3) Special rules for FRANCE
VSO (as VDI partners under French law) shall never act as an employer nor enter into any contractual relationship with another VSO in their downline that relates to the RELEEZER business. VSO shall never pay any form of remuneration whatsoever to each other. In France, VSO have the status of VDI (Vendeur à Domicile Independant). License partners shall register their business in the commercial register if they have been an active VDI for three consecutive years and their commission exceeds 50% of their social insurance contributions each year. RELEEZER shall calculate the social insurance contributions for French VSO every three months on the basis of the quarterly sales of the VSO, including margin and commission. RELEEZER retains the contributions of the VSO and calculates the share to be paid by RELEEZER on the basis of the individual remuneration of the VSO. RELEEZER pays both contributions to Unions de Recouvrement des Cotisations de Sécurité Sociale et d’Allocations Familiales.
(4) Special rules for ITALY
Insofar as required by law, RELEEZER shall deduct any social insurance contributions and income taxes (as well as any other statutory taxes or levies) from the commission to be paid to the VSO (Incaricati) and pay them to the competent Italian authorities.
(5) Special rules for SWEDEN
In Sweden, VSO shall register for an F-tax certificate and through it pay their taxes and social insurance contributions.
Section 5 Voluntary contractual information on the right of cancellation
You register with RELEEZER as an entrepreneur rather than a consumer and you therefore do not have the legal right of cancellation. However, RELEEZER shall grant you the following voluntary 14-day contractual right to cancellation.
Voluntary right to cancellation
You may cancel your contractual declaration in text form (by post or e-mail) within 14 days without stating any reasons by sending notice to the address or e-mail address stated in Section 1. The period starts upon submission of the VSO application. To comply with the
cancellation period, it is sufficient to send the cancellation notice on time (date of postal stamp / e-mail) .
Consequences of cancellation
In the event of a cancellation, you shall be reimbursed for any service fees already paid and costs for other services.
VSO may register again with RELEEZER through another sponsor after cancelling their previous position, as long as the cancellation of the previous position of the VSO is at least 12 months in the past and the cancelling VSO has not carried out any activities for RELEEZER in this period.
Section 6 Use of the back office and landing page / service fee
(1) By registering, the VSO acquires the right of use of the back office provided (including access to the administration of all invoices, a complete overview of numerous statistics on the VSO’s personal shop link, complete commission overview, etc.) and the landing page.
(2) The right of use in the back office provided and landing page is a simple, non-transferable right of use relating to the specific back office. The VSO does not have the right to modify, process or otherwise redesign the back office nor grant sub-licenses.
(3) RELEEZER charges a non-commission-bearing service fee, which is to be paid in advance, for the use as well as maintenance, management, support and care of the back office and landing page. The service fee is debited from the VSO’s credit account, subject to a sufficient balance, to which the VSO shall explicitly agree. The VSO shall pay the fee to RELEEZER in the event of the credit account having an insufficient balance.
Section 7 Obligations of the VSO
(1) VSO shall always carry out their activities in person. They shall further protect personal passwords and login IDs against third-party access and notify RELEEZER immediately of any amendments to their contractual data.
(2) VSO shall not violate competition law with their activities, nor the rights of RELEEZER, its VSO, affiliated companies or other third parties, nor harass third parties or violate any other applicable laws. This also pertains to, in particular, the ban of illegal telephone canvassing and the sending of unwanted and non-consensual advertising e-mails, advertising faxes or advertising SMS (spam) as well as social media spams or other illegal forms of messages.
(3) Special advertising guidelines
(a) VSO shall not provide any information whatsoever about their income or earnings opportunities with RELEEZER on any advertising medium. Potential VSO shall rather specifically point out during all initiatory talks that income can only be generated through highly intensive and continuous work.
(b) Sales and marketing activities shall not feign any commission that is to be regarded as “headhunting premium” or other commission in connection with the mere recruitment of a new VSO or give the appearance that the advertised sales system is an illegal sales system, such as an illegal snowball or pyramid system or other fraudulent sales system. No impression shall be given that it is necessary to purchase goods in order to work as a VSO for RELEEZER.
(c) Sales and marketing activities shall not be aimed at persons under the age of 18 or persons inexperienced in business and never use their age, illness or limited ability to reason to encourage them into concluding an agreement. When engaging with so-called socially weak or foreign-language demographic groups, VSO shall be reasonably considerate with regard to their financial capabilities as well as their abilities to reason and to speak foreign languages and shall, in particular, refrain from any activities that could encourage members of such groups to place orders above their financial means.
(d) No inappropriate, illegal or unsafe sales and marketing activities shall be carried out, nor such activities that put illegal pressure on the selected consumers.
(e) VSO shall only refer the consumer to recommendations, test results, references or other persons for business purposes that have been officially authorised by the referee and RELEEZER and which shall be accurate and up-to-date. Recommendations, tests and personal references shall further always relate to the intended purpose.
(f) The consumer shall not be compelled to purchase goods through dubious and/or misleading promises nor through promises of specific advantages if such advantages are linked to future uncertain successes. THE VSO shall refrain from engaging in any activities that could encourage consumers to only accept an offer in order to grant a personal favour to the provider, to end unwanted talks or to obtain an advantage that does not form part of the offer or appear open to the granting of such advantage.
(g) VSO shall not claim that the sales and marketing plan or the goods of RELEEZER have been approved or licensed, or are supported, by a government agency or have been classed as legally secure by a law firm.
(3a) Special rules for ITALY AND THE UNITED KINGDOM
If a VSO sends out advertising for events or uses it in any other way, such advertising shall contain the following wording: “As a participant of a direct sales system, the VSO is prohibited from convincing third parties to make payments by promising them advantages for encouraging third parties to join the direct sales system. Also, do not be misled by claims that high income is easy to achieve.”
(4) The use, creation and distribution of own websites, sales documentation, sales concepts, price lists, product samples, own product brochures, video content, audio content, creation of own online contents, including professional social media business pages, or other independently created sales or advertising materials is only permitted with explicit prior written consent from RELEEZER at its discretion. It shall be prohibited at all times to operate a website, online portal, social media
presence or other online application together with several VSO.
(4a) As RELEEZER operates its own social media platforms, such as RELEEZER pages on Facebook, YouTube and Twitter, VSO shall be strictly prohibited from registering and/or operating their own social media pages under the RELEEZER name or corresponding business names, brands or designs / logos of RELEEZER on their own or together with other names, in order to avoid confusion. In the event of VSO advertising RELEEZER goods on other online media, such as social networks (e.g. Facebook or Instagram), online blogs or chat rooms (e.g. WhatsApp or Snapchat), they may only do so in their full name and shall always use the official RELEEZER advertising statements only. They shall further identify themselves easily with their full name (anonymous posts or posts written under a pseudonym are prohibited).
(4b) If an individual website, social media or other online advertising is used with RELEEZER’s consent, VSO shall always create a link to the official RELEEZER website and process all sales of goods exclusively through the RELEEZER shop.
(5) VSO may present or sell RELEEZER goods within the scope of the applicable laws, with the right of cancellation, in personal talks with one or several persons, at home parties, online home parties, online networking events and/or online conferences. RELEEZER goods may not be offered on other sales platforms, particularly in shops (such as supermarkets and retailers), restaurants, online trading platforms, such as Ebay and Amazon, TV sales shows, via telemarketing, teletext marketing or similar sales channels.
(6) VSO may further present the goods at exhibitions and trade fairs with written consent from RELEEZER.
(7) VSO shall refrain from sell or otherwise market their own marketing and/or sales documentation, training or lead generating tools, other goods by third-party companies or other services relating to the RELEEZER business to other RELEEZER VSO.
(8) VSO shall not give the impression in their daily operations that they act by order or in the name of RELEEZER. They shall rather present themselves as “independent RELEEZER VSO”. Websites, stationery, business cards, vehicle decals as well as newspaper ads, advertising materials, etc. shall always carry the addition “independent RELEEZER VSO” and shall not contain the RELEEZER logo and/or the brands, work titles, business names and other hallmarks of RELEEZER without prior explicit written consent. VSO shall further refrain from applying for, and accepting, loans, spend money, enter into obligations, open bank accounts, conclude other agreements or issue any other binding declarations of intent in the name of RELEEZER for or in the interest and/or the name of the company. VSO shall not be authorised to collect payments nor represent RELEEZER to third parties. VSO shall further not assume liability for the fulfilment of liabilities arising from a brokered transaction.
(a) Special rules for ITALY:
VSO (Incaricato) shall identify themselves as an “independent RELEEZER Incaricato” in accordance with Paragraph (8) when acting in Italy.
(9) During their daily operations, VSO may not state competitors’ brands in a negative, derogatory or otherwise illegal manner nor assess other companies in a negative or derogatory manner nor use negative, derogatory or otherwise illegal assessments for recruiting VSO from other companies.
(10) All presentation, advertising, training and film materials, product labels, etc. (including photographs) of RELEEZER are protected by copyright. VSO shall not copy, distribute, publicise or process them, in whole or part thereof, within a scope that exceeds the contractually granted right of use without explicit prior written consent from RELEEZER.
(11) The RELEEZER logo and/or the brands, work titles and business names and other hallmarks of RELLEZER may also only be used with explicit prior written consent. The same shall apply to the registration of internet domains. RELEEZER may request for internet domains using the RELEEZER name and/or the brands, work titles and business names and other hallmarks of RELEEZER and whose use has not been approved in writing by RELEEZER to be deleted and/or transferred to RELEEZER. RELEEZER shall assume the pure transfer costs of the providers, but no other costs or licenses or other compensation for the domain, in the event of a transfer. It is further prohibited to register own brands, work titles or other intellectual property rights which contain a brand, product name, work title or business name of RELEEZER that may be registered or otherwise protected in another country / region. The above prohibition shall apply to both identical and similar trademarks or goods. It is also prohibited to use hallmarks, brands, work titles or other intellectual property rights of RELEEZER for so-called search engine advertising (e.g. GoogleAdWords), sponsored links advertising, online advertising platform marketing or similar online advertising activities. Finally, it is prohibited to refill and/or repackage RELEEZER goods.
(12) VSO may re-register with RELEEZER after cancelling their previous position as long as the cancellation and confirmation of cancellation by RELEEZER of the previous position of the VSO are at least 12 months in the past and the cancelling VSO has not carried out any activities for RELEEZER in this period.
(13) VSO shall not respond to press enquiries regarding RELEEZER, its goods, RELEEZER sales and marketing plan or other RELEEZER services. VSO shall forward all press enquiries immediately to RELEEZER.
(14) VSO shall undertake, insofar as possible, to ensure that customer data collected through the sales service is used exclusively within the scope of their activities for RELEEZER and, in particular, is not transferred to third parties and/or used for third-party services.
(15) VSO may only advertise and sell RELEEZER services or acquire new VSO in countries that were officially opened by RELEEZER. It is prohibited to appear as a RELEEZER branch office, importer, exporter or similar instance or found corresponding businesses in other countries.
(16) VSO shall not give gifts or other gratuities to RELEEZER employees.
(17) RELEEZER shall enable VSO to purchase the goods for personal use and/or the use of family members. VSO, or their family members, shall never encourage other VSO to purchase large quantities of products for own use which unreasonably exceed personal use within a household.
By re-ordering goods, VSO assure that at least 70% of the previous goods delivered were used for business purposes within the scope of product presentations and hospitality and that no more than 30% of items from the last order are still in stock. Regardless of retention obligations under tax law, VSO shall store the corresponding receipts for a minimum period of four years to be able to provide proof of compliance with the above 70% rule. VSO shall further refrain from purchasing, or engaging third parties to purchase, more goods than they can reasonably use up within one month.
(a) Special rules for ITALY
VSO (Incaricati) may only purchase RELEEZER goods for personal consumption, meaning that Paragraph (17) Sentences 1 and 2 is not applicable if they relate to family members and that Paragraph (17) Sentences 3 to 5 is entirely inapplicable in this case.
(18) VSO shall notify RELEEZER in good time of the place, time and content of advertising events for the general public prior to publishing the invitation. RELEEZER may request changes to, or even the cancellation of, the event if this is necessary to maintain the interests of the company and RELEEZER sales organisation and its members.
(19) The use of chargeable phone numbers for marketing the activity or RELEEZER products is prohibited.
(20) VSO shall notify RELEEZER immediately and truthfully of violations against the rules of the General Terms and Conditions for VSO and the RELEEZER code of conduct as well as all other regulations of the company.
(21) Special rules for ITALY:
(a) VSO (Incaricato) shall not resell RELEEZER goods. All sales of goods, including the related accounting, are initiated directly by RELEEZER. RELEEZER collects any VAT due directly from the end customers on the basis of the purchase price of the goods in accordance with the statutory VAT rates. As a result of the reselling ban stated in Sentence 1, Paragraphs (3), (5) and (6) are not applicable in this case if they relate to the resale of goods and services and/or other purchases of goods which exceed personal consumption.
(b) Sales promotions for RELEEZER goods and services may only be carried out within Italy.
(22) Special rules for FRANCE
(a) VSO with invoicing addresses in France shall comply with the Code de Conduite of the Fédération de la Vente Directe [code of conduct for direct sales associations] available at www.fvd.fr.
(b) VSO, as VDI partners under French law, may only present RELEEZER goods and services through personal contact, in other words during a personal meeting. The above also results in Paragraphs (4), (5), (7) and (18) not being applicable in this case if they do not relate to a sales promotion during a personal meeting.
(c) VSO’s purchases from RELEEZER are limited to EUR 400.00, including VAT, per month.
(23) Special rules for the UNITED KINGDOM (UK)
(a) VSO with invoicing addresses in the United Kingdom shall comply with the Code of Ethics of the Direct Selling Association available at www.dsa.org.uk.
(b) According to the direct selling laws of the United Kingdom, VSO with invoicing addresses in the United Kingdom may not invest more than GBP 200.00 (including VAT) in the first seven days of their agreement. VSO shall never succumb to the temptation to purchase more stocks than they are certain to sell. They also shall not be tempted to “purchase” a higher position within the sales organisation.
Section 8 Competition / recruiting ban
(1) VSO may sell goods and/or services for other companies, including marketing companies, party sales companies or other direct sales companies, even if they are competitors.
(2) Regardless of the permission stated in Paragraph (1), VSO shall not sell products and/or services of other companies nor advertising materials and similar contents for the purpose of operating the RELEEZER business to other RELEEZER VSO.
(3) If VSO act for several companies at the same time, including network marketing companies, party sales companies or other direct sales companies, they shall undertake to design the respective activities (including their respective downline) so that they are not linked to, or mixed with, their activities for the other company. In particular, VSO shall not offer other products unrelated to RELEEZER at the same time, in the same place or in the direct vicinity, or on then same website, Facebook page, other social media platform or online platform.
(4) VSO shall also refrain from recruiting other RELEEZER VSO for the sale of other products.
(5) VSO shall further refrain from violating other VSO or other sale agreements concluded with other companies whose provisions are still effective by concluding a trade partner agreement.
(6) Special rules for ITALY
RELEEZER reserves the right to claim compensation from the VSO (Incaricato) on the grounds of a violation of the obligations arising from Paragraphs (2) to (5) in accordance with Section 1382 Paragraph 1 of the Italian Civil Code [Codice Civile]
Section 9 Confidentiality
VSO shall maintain complete secrecy about business and operating secrets of RELEEZER and its structures. The business and operating secrets of RELEEZER and also ownership rights of RELEEZER include, in particular, the information on the downline activities and placements as well as the downline genealogy and all information contained therein, the VSO, customer and trade partner data as well as the information on the business relationships of RELEEZER and its affiliated companies and other providers and suppliers. This obligation shall remain effective even after the trade partner agreement.
Section 10 Trade partner protection / no regional protection
(1) Active VSO who recruit their first new VSO for the sale of RELEEZER products are allocated the new VSO in their structure in accordance with the sales and marketing plan and the positioning regulations stated therein (trade partner protection), based on the date and time of receipt of the application to register by the new VSO by RELEEZER.
(2) RELEEZER may delete all personal data, including the e-mail address of a sponsored VSO, from its system if mailshots, letter or e-mails are returned as “moved”, “died”, “not accepted”, “unknown”, etc. and the newly recruited VSO or sponsor fail to correct the inaccurate data of the newly recruited VSO within a reasonable period of 14 days. RELEEZER may claim reimbursement of any costs incurred through mailshots and parcels that cannot be delivered, unless the incorrect delivery is outside the parties’ scope of control.
(3) Crossline sponsoring and the attempt of the latter within the company is also prohibited. Crossline sponsoring refers to the acquisition of a natural person, corporate entity or private company which is a VSO in another RELEEZER sales line already or had a trade partner agreement within the past 12 months. It is further prohibited to use the name of the spouse, relatives, trading names, corporate entities, private companies, trust funds or other third parties to bypass this provision.
(4) Bonus manipulations are prohibited. This includes, in particular, the sponsoring of VSO that in reality do not operate the RELEEZER business at all (so-called straw men) as well as open or concealed multiple registrations, unless this is permitted. It is further prohibited to use the name of the spouse, relatives, trading names, corporate entities, private companies, trust funds or other third parties to bypass this provision. It is further prohibited to encourage third parties to sell or purchase goods in order to improve the position within the sales and marketing plan, to manipulate the group bonus or to initiate any other form of bonus manipulation.
(5) VSO are not entitled to have a protected region.
Section 11 Warning, contractual penalty, compensation, indemnification
(1) For the first violation of the VSO’s obligations stated in Section 7, RELEEZER sends a written warning and grants a 10-day period of grace to rectify such violation. VSO shall undertake to compensate the costs of a warning, particularly any lawyer fees incurred in this respect.
(2) Explicit reference is made to Section 16 Paragraph (2), which states that RELEEZER may terminate the Agreement for good cause in the event of a violation of the obligations stated in Sections 8, 9 and 10 (3) and (4), 18 (3) and 19 as well as particularly severe violations of the obligations stated in Section 7, other applicable contractual or legal provisions, but also, at its discretion, may implement the measures stated in Section 11 (1) in the event of a first violation of obligation. Regardless of the right to terminate the Agreement for good cause and without notice stipulated in Section 16 Paragraph (2), RELEEZER has the right, at its discretion, to issue a warning within the meaning of Paragraph (1) with a shortened period of grace in individual cases
prior to terminating the agreement for good cause if one of the above violations of obligations occurs.
(3) If the same or essentially similar violation occurs again after the period of grace given in the warning has expired, or if the original violation was not rectified, a contractual penalty shall be due immediately whose amount shall be determined at the discretion of RELEEZER and audited by the competent court in the case of a dispute. Further lawyer fees are also incurred for the assertion of the contractual penalty, which the VSO shall reimburse.
(4) Regardless of the forfeited contractual penalty, the VSO shall also assume liability for all damages incurred by RELEEZER due to a violation of obligations by the VSO, unless the violation of obligation falls outside the scope of responsibility of the VSO.
(5) In the event of a third-party claim on the grounds of a violation of one of the contractually agreed obligations or other violation by the VSO against applicable law, the VSO shall hold RELEEZER harmless of all liability upon first request. In particular, the VSO shall undertake to assume all costs in this respect, particularly lawyer and court fees and compensation for damages incurred by RELEEZER in this respect.
Section 12 Adjustment of the prices and commissions
RELEEZER reserves the right, particularly with respect to changes in market conditions and/or licensing structure, to change the prices to be paid by the VSO or the commission shares allocated to the services, the sales and marketing plan or usage fees at the start of a new invoicing period. RELEEZER shall notify the VSO of such changes within a reasonable period. The VSO may object to price increases by more than 5% or changes to the sales and marketing plan that are to be carried by the VSO. Failure to object to the changed conditions within one month from their announcement shall result in them forming part of the Agreement. Any changes known at the time of the conclusion of the Trade Partner Agreement do not have to be announced and do not give the VSO the right to object. In the event of an objection, RELEEZER may terminate the Agreement for good cause on the date the changed or amended terms and conditions of business are to become effective.
Section 13 Advertising media, gratuities
All free-of-charge advertising media and other gratuities from RELEEZER can be withdrawn at any time with future effect.
Section 14 Remuneration, commission and invoicing
(1) As remuneration for successful brokering activities and their activities, VSO receive commission once the required qualifications have been achieved as well as other remuneration which is based on the RELEEZER sales and marketing plan, including the respective qualification requirements. All commission entitlements result from the respective applicable sales and marketing plan which VSO can access and view in their back office. All costs of the VSO for maintaining and performing
their operations shall be deemed to have been reimbursed with the payment of the remuneration, unless separately contractually agreed.
(2) A successful brokerage activity within the meaning of (1) of this Agreement has only been completed if the contractual relationship between the customer and RELEEZER has been effectively concluded. An entitlement to remuneration is further only created once the customer payment has been credited to RELEEZER’s account and all other pay-out conditions have been met.
(3) An entitlement to commission is not created, in particular, if
a.) the customer asserts their right to cancellation,
b.) the agreement is disputed by the customer in a legally binding manner,
c.) the customer agreement was illegally concluded,
d.) RELEEZER refuses to accept the agreement,
e.) incorrect and incomplete customer orders are submitted.
Furthermore, in the event of fraudulent brokerage activities, either through fraudulent or improper measures implemented by the customer, VSO or their vicarious agents, no entitlement to commission is created.
(4) Prior to the first commission payment, RELEEZER reserves the right to request proof of identity from the VSO or, for corporate entities or private companies, from the acting person(s) by uploading a copy of the personal ID card, passport or driving license and a current electricity or water bill (no older than two months) in the RELEEZER back office. For corporate entities or private companies or registered business persons, RELEEZER further reserves the right to request to see a copy of the current commercial register excerpt (no older than one month).
(5) Downline commission of the VSO are credited live (daily) and shop sales (direct bonuses) after 21 days, provided for pay-out and only paid into accounts that are held in the name of the VSO, corporate entity or private company that have entered into a contractual relationship with RELEEZER, unless a different account has been accepted by RELEEZER separately, explicitly and in writing. Payments shall not be made into third-party accounts or bank connections.
(6) The Contracting Partners shall agree that there are no claims for commission that exceeds the commission underlying this Agreement and none shall be asserted. The commission shall be deemed as full and final payment for all claims of the trade partner, particularly all travel costs, expenses, office costs, phone charges and other expenses for advertising materials, as well as all other costs relating to the fulfilment of the Agreement. The remuneration payment in accordance with (1) shall further be deemed as full and final payment for all services of the VSO, particularly for the development and maintenance of the VSO list, customer list and the resulting future market potential and exist within the meaning of an advance payment for this purpose, so that no compensation payments and/or settlements fro whatever legal reason shall be due from RELEEZER in the event of the Agreement being terminated by whichever party and for whatever reason. Explicit reference is made to Section 16 (5).
(7) RELEEZER may assert the right of retention within the legally permissible scope. RELEEZER may further assert the right of retention on the grounds of commission payments if not all of the contractually or legally required documents have been provided prior to the first pay-out. If RELEEZER exercises the right of retention for commission payments, it shall be deemed to have been agreed that the VSO does not have a right to claim interest for the period during which the commission was retained.
(8) RELEEZER may offset its receivables from the VSO, in whole or part thereof, against the latter’s commission claims. The VSO may offset counterclaims that are undisputed or legally binding.
(9) VSO shall not assign and pledge their claims arising from the trade partner agreements, unless obliged to do so by law. The Agreement shall not be burdened with third-party rights, unless obliged to do so by law.
(10) VSO shall check all invoices received as soon as possible and notify RELEEZER immediately of any objections. All commission entitlements result from the respective applicable sales and marketing plan which VSO can access and view in their back office. Incorrect commission, bonuses or other payments shall be reported to RELEEZER within 60 days from the incorrect payment. After this period, the commission, bonuses or other payments shall be deemed to have been approved.
(11) The commission is paid upon the VSO’s explicit request, taking into consideration RELEEZER’s payment modalities and types. RELEEZER reserves the right to transfer commission payments only once they exceed EUR 50.00. In the event of the minimum payout level not being reached, the commission claims shall be kept in the credit account held by RELEEZER for the VSO and paid out to the VSO once the minimum payout level has been reached. The above shall not apply if the Agreement is terminated. In this case, the total credit shall be paid out without any minimum payout level and taking into consideration the provisions of these General Terms and Conditions of Agreement.
(12) Special rules for ITALY
(a) The commission to be paid to the VSO (Incaricati) is calculated on the basis of the specific purchase agreement (using the net sales price as a basis for calculating the commission) which was concluded, accepted and fulfilled between RELEEZER and the end customer brokered by the VSO.
(b) Section 3 of law no. 173/2005 [Legge N. 173/2005] stipulates that the activities of a VSO (Incaricato) are to be regarded as “part-time” if the annual net income generated from these activities does not exceed EUR 5,000.00. The “part-time” basis of the activities of the VSO (Incaricato) implies that the total remuneration paid to the VSO (Incaricato) by RELEEZER is not subject to VAT. Should the annual net income of the VSO (Incaricato) exceed EUR 5,000.00, they shall obtain a VAT number immediately from the competent tax authority. As soon as the VSO (Incaricato) has been allocated a VAT number, their activities are regarded as “full-time”. In this case, the VSO (Incaricato) undertakes to notify RELEEZER immediately of the closure of their VAT position / block of their VAT number. The same applies to changes with regard to their VAT position / VAT number. The closure of the above-mentioned VAT position / block of the VAT number
automatically results in the termination of the activity as a VSO (Incaricato) for RELEEZER if the annual net income exceeds EUR 5,000.00. RELLEZER shall terminate the agreement with the VSO (Incaricato) for good cause in this case. If the annual net income exceeds EUR 5,000.00, the VSO (Incaricato) shall further register with Gestione Separata I.N.P.S. [INPS special administration] within 30 days and notify RELEEZER of the registration, including all relevant data, including the amount of social insurance contributions to be paid. If VSO (Incaricato) carries out door-to-door home sales for another company, they shall report such activities immediately, including the annual gross income, as soon as they have this information.
Section 15 Blocking the VSO
(1) In the event of the VSO failing to provide the proof required for the payout of remuneration and/or commission advances or other payments within 30 days from obtaining knowledge of such requirement, RELEEZER may temporarily block the VSO in the RELEEZER system until the required documents have been provided. The blocking period shall not entitle the VSO to terminate the Agreement for good cause and shall not create a repayment claim for the previously paid starter sets or other compensation claims, unless the block falls outside the VSO’s scope of responsibility.
(2) In the even of a reminder being sent for unsubmitted documents within the meaning of (1) after the block has been implemented, RELEEZER may request the reimbursement of the costs incurred through such reminder.
(3) Remuneration and/or commission advances or other payments that could not be paid out for the above-stated reasons shall be booked by RELEEZER as non-interest-bearing provisions and expire by limitation no later than within the statutory statutes of limitation.
(4) Regardless of the blocking reasons stated in Paragraph (1), RELEEZER reserves the right to block the VSO for good cause. RELEEZER reserves the right, in particular, to block the VSO’s access to the back office and other RELEEZER systems without compliance with any periods if the VSO violates the obligations stated in Sections 7 to 9 and Section 10 Paragraphs 3 and 4 or other applicable laws. The block shall remain in place until the violation of obligation has been rectified following a corresponding warning from RELEEZER. If the violation of obligation is serious and leads to termination for good cause, the block shall remain in place permanently.
Section 16 Term and termination of the Agreement
(1) The Trade Partner Agreement shall be concluded for an indefinite period and may be terminated by either Party by giving one month’s notice at the end of a month.
(2) Regardless of the reason for the termination in (1), RELEEZER has the right to terminate the Agreement for good cause if the VSO has defaulted on their service fees within then meaning of Section 6 (3) by more than two months and fails to settle the outstanding service fees even after receiving a warning from RELEEZER. If not all of the service fees have been paid, the right to
terminate the Agreement for good cause in Sentence 1 shall apply if the service fees receivable owed totals two monthly service fees.
(3) Regardless of the reason for terminating the Agreement in (1) and (2), both Parties have the right to terminate the Agreement for good cause. Good cause for RELEEZER is also a violation of the obligations stated in Section 7 if a VSO fails to meet their obligation of rectification within the meaning of Section 11 Paragraph (1) or if the same or similar violation is committed again after the initial violation was rectified. In the event of a violation against the obligations stipulated in Sections 8, 9 and 10 (3) and (4), 18 (2) or 19 as well as a particularly serious violation of the contractual or legal rights stated in Section 7 or otherwise, RELEEZER may terminate the Agreement for good cause and without notice. Either Party may further terminate the Agreement for good cause if insolvency proceedings have been initiated against the respective other Party or such proceedings have been rejected due to a lack of assets or the other Party is otherwise unable to make payment or has declared under oath that they are unable to make payment within the scope of foreclosure. The right to terminate the Agreement for good cause is not affected by any other claims.
(a) Special rules for ITALY
RELEEZER further has the right to terminate the Agreement with the VSO (Incaricato) for good cause if the VSO (Incaricato) no longer meets the “respectability requirement” stipulated in Section 71 of legislative decree no. 59/2010 [Decreto Legislativo n. 59/2010] or if the VAT position stated above has been closed / VAT number has been blocked in accordance with Section 14 Paragraph (5) (a).
(4) RELEEZER further may terminate the Agreement for good cause if the VSO has failed to perform the necessary actions within the meaning of Section 14 (4) within six months from registration. However, RELEEZER shall notify the VSO per e-mail (to the e-mail address stored in the system) or through their back office of the impending deletion of their account 15 days prior to deletion to give the VSO the opportunity to subsequently perform the required actions within this 15-day period.
(5) If an agreement has been terminated properly, a new agreement may be concluded after a minimum period of 12 months. If the Agreement was terminated due to the transfer of the structure in accordance with Section 18 (3), registration under the previous structure / organisation is no longer possible.
(6) The VSO no longer has any entitlement to commission once the Agreement has been terminated. This rule does not apply to any agreements brokered up to this date. The entitlement to this commissions shall not be affected. Upon termination of the Agreement, the VSO also no longer is entitled to receive trade partner compensation as the VSO is no longer a trade partner in accordance with Section 4 (1) and the Commercial Code (Handelsgesetzbuch – HGB).
(7) Terminations must always be placed in writing and an ordinary termination may be submitted per e-mail.
(8) If a VSO also purchases services from RELEEZER that are independent from the Trade Partner Agreement, these services shall not be effected by the termination of the Trade Partner Agreement, unless the VSO explicitly requests their termination in the notice of termination. If the VSO continues to purchase services from RELEEZER, they shall be treated as standard customers.
(9) If an agreement with a minimum term is terminated early, the VSO shall not be entitled to be reimbursed for any service fees, unless the VSO has effectively terminated the agreement for good cause.
Section 17 Data protection obligations of the VSO
VSO shall not transfer to third parties, store or use any personal or customer-specific data of end customers in excess of the contractual rights and/or provisions of which they obtain knowledge.
Section 18 Transfer of the business operations /sponsored structure to third parties / death of the VSO
(1) RELEEZER may transfer its business operations, in whole or part thereof or individual assets thereof, to third parties at any time as long as the purchaser complies with the applicable laws.
(2) A corporate entity or private company newly registered as a VSO may add new shareholders whose share does not exceed 20% if the previous shareholder(s) who has/have applied to be a trade partner, remain(s) (a) shareholder(s). If a shareholder wishes to retire from the corporate entity or private company registered as a VSO or if the shares of one or several shareholders in excess of 20% are to be transferred to third parties, this may only be executed upon a corresponding written application and, if necessary, whilst providing the corresponding notarised documents and in compliance with the provisions of this Agreement and only with prior written consent, which RELEEZER may or may not grant at its discretion. RELEEZER charges an administration fee of EUR 25.00 for processing such application. Failure to comply with this requirement shall give RELEEZER the right to terminate the agreement with the corporate entity or private company registered as a VSO for good cause.
(3) If VSO have generated a minimum monthly net commission income of EUR 1,000.00 in the past 12 consecutive months, they may transfer their sales structure upon prior written consent from RELEEZER and their purchase and/or transfer agreement with the third party as well as the submission of the trade partner application with the third party to RELEEZER , unless RELEEZER has exercised its preemptive right. The sales structure can only be transferred to persons who are not VSO of RELEEZER at the time of transfer, who have not held this position within the last 12 months and have not had their position as VSO terminated for good cause by RELEEZER in the past 18 months. For RELEEZER VSO, on the other hand, the transfer or purchase of a sales structure is not permitted. RELEEZER may give its consent at its discretion, even if it does not exercise its preemptive right. VSO shall notify RELEEZER in writing of their plans to transfer their sales structure. RELEEZER has one month from receipt of such written notice to exercise its preemptive right. Failure to do so shall result in the transfer being permissible with consent from RELEEZER. Only non-terminated sales structures may be sold. Termination without notice or violations of these General Terms and Conditions of Agreement as well as the selling VSO still
owing money to RELEEZER, being insolvent or otherwise unable to make payment or their assets being seized shall result in the VSO forfeiting their right to sell their own sales organisation. If a registered VSO is a corporate entity or private company, the sales structure may only be transferred in compliance with the additional requirements of this Agreement.
(4) The Trade Partner Agreement shall expire no later than the death of the VSO. The Trade Partner Agreement may be inherited in compliance with the legal provisions. A new trade partner agreement shall be concluded with the heir(s) within six months from the death of the VSO through which they assume the rights and obligations of the deceased VSO. If the heir, or one of the heirs, is already registered with RELEEZER as a natural person and VSO, such heir shall relinquish their previous position within the sales structure of RELEEZER, as each natural person may only hold one position within the marketing plan, or, if the conditions of Section 18 (3) are met, transfer one of the two future sales structures to a third party in accordance with Section 18 (3). Evidence of the death shall be provided in the form of a death certificate. A notarised copy of a will containing details on the inheritance of the trade partner agreement, if available, shall be provided. Failure to take any action within the six-month period shall result in all rights and obligations arising from the agreement being transferred to RELEEZER. The six-month period may be reasonable extended in exceptional circumstances if it is unreasonable short for the heir(s) in their individual situation.
(5) If a VSO wishes to perform their future activities under a different name, through a corporate entity, private company, as a married couple, as registered partner or for any other reason under a different designation, this is only permissible upon application, with RELEEZER having the right to reject such application at its discretion.
Section 19 Separation / dissolution
In the event of a married couple / registered partnership, corporate entity or private company registered as a VSO terminating their association internally, the rule that after the separation, dissolution or other termination of one of the above associations only one VSO position remains, shall remain in effect. The separating spouses / members / shareholders shall agree internally which spouse / member / shareholder is to continue the trade partner relationship and notify RELEEZER of their decision in the form of a notarised written notice signed by both Parties or by submitting a corresponding court ruling. In the event of an internal dispute regarding the consequences of a separation, divorce, dissolution or other termination relating to the trade partnership with RELEEZER , RELEEZER reserves the right to terminate the Agreement for good cause if such dispute results in the neglect of the VSO’s obligations, a violation of these General Terms and Conditions of Trade Partner Agreement, a violation of applicable laws or an unreasonable burden on the downline and upline.
Section 20 Consent to use photographic and audiovisual material, use of recordings of materials and presentations
(1) VSO shall grant RELEEZER the free-of-charge right to record and/or implement photographic and/or audiovisual materials containing their likeness, voice recordings or statements and quotes
issued by them in their position as VSO. By submitting the trade partner application and acknowledging these General Terms and Conditions of Trade Partner Agreement, VSO shall therefore explicitly agree to the publication, use, duplication and modification of their quotes, recordings or documentations.
(2) The VSO shall not create any audio, video or other recordings of events sponsored by RELEEZER nor conference calls, addresses or meetings for the purpose of selling them or personal or business use. VSO shall further refrain from recording, creating or compiling any audio or video presentations or recordings of RELEEZER events, addresses, conference calls or meetings without prior written consent from RELEEZER.
Section 21 Data protection regulations
This document provides information on the data that is collected when initiating, concluding and performing a contractual relationship as a trade partner and how it is used, processed and transferred.
Controller within the meaning of data protection law:
Releezer Franchise and Sales d.o.o.
Director: Patrick Weber
Ul. Majke Tereze 56
85360 Ulcinj Montenegro
Data protection officer of the controller:
SBS DATA PROTECT GmbH
22085 Hamburg Germany
Managing Director: Thilo Noack
Trade partners should contact the data protection officer stated above if they wish to assert their rights stated in this Data Protection Policy or if they have questions about the use, collection or processing of personal data.
(1) Security and protection of your personal data As the controller in accordance with data protection law, RELEEZER undertakes to protect the personal data and privacy of the trade partners and to treat it as confidential. Personal data is collected, stored, modified, transferred, blocked, deleted and used on the basis of the applicable legal provisions, particularly the General Data Protection Regulation (GDPR).
RELEEZER implements technical and organisational security measures to protect the data of the trade partners against access by unauthorised persons, accidental or malicious manipulation, destruction or loss.
(2) Storage period We store your personal data for as long as it is required for achieving the respective processing purpose or the storage is subject to a mandatory storage period. We store data that we process on the basis of your consent until you withdraw your consent. We store data that we process for the performance of an agreement with you for as long as the contractual relationship remains effective and possibly thereafter if we are obliged to do so by law. We store data which we process on the basis of our legitimate interests for as long as your interests in the deletion of the data does not outweigh ours.
(3) Collection of personal data when concluding an agreement The following personal data is processed when concluding a trade partner agreement with RELEEZER:
5. Phone number
6. E-mail address
7. Any different delivery address
8. Any applicable VAT ID
9. Credit card, bank and transfer data
RELEEZER exclusively uses this data for the fulfilment of the agreement and the related necessary communication with the trade partner. This includes the initiation, conclusion, processing and, if necessary, reversal of the trade partner agreement. The data is stored until the entire agreement has been fulfilled. The data may be stored up to 10 years if there exist any retention periods under trade and tax law.
These data processing activities are based on Art. 6 (1) S. 1 lit. b GDPR for the fulfilment of the agreement. The continued storage under tax and trade law is based on necessity in accordance with Art. 6 (1) S. 1 lit. c GDPR.
(4) Back office
As a trade partner, you have access to the so-called back office, which provides you with an overview of the orders initiated by you. The following information on the person who you have
encouraged to place an order is displayed for this purpose: Status (customer / trade partner), surname, forename, e-mail, net goods value of the orders in the previous month, date and time of last online activity.
This information is required for calculating and tracing commission entitlements. The legal basis for the processing of this data is Art. 6 (1) S. 1 lit. b GDPR.
You can also see a team overview in the back office. It provides you with information on the trade partners recruited in your downline. The following information is displayed for this purpose: Status (customer / trade partner), surname, forename, net goods value of the orders in the previous month, date and time of last online activity.
This information is required for calculating and tracing commission entitlements. The legal basis for the processing of this data is Art. 6 (1) S. 1 lit. b GDPR.
We require the following data for processing the commission payments: title, surname, forename, address, bank details.
This information is required for calculating and tracing commission entitlements. The legal basis for the processing of this data is Art. 6 (1) S. 1 lit. b GDPR.
(5) Data transfer
RELEEZER only transfers the personal data of the trade partners if and insofar as this is required for the fulfilment of the agreement or maintaining the legitimate interests of RELEEZER. RELEEZER engages external service providers (order processors) for the fulfilment of the agreement. Separate order processing agreements have been concluded with the service providers to ensure the protection of the trade partner’s personal data.
In order to calculate the difference commission of the trade partners from your upline, the above information on your orders and team overview are also displayed to the trade partners in the downline. The trade partners in your upline receive the following information in this respect: Status (customer / trade partner), surname, forename, e-mail, net goods value of the orders in the previous month, date and time of last online activity.
This information is required for calculating and tracing difference commission in your upline. The legal basis for the processing of this data is Art. 6 (1) S. 1 lit. b GDPR.
The trade partner’s forename, surname, address, e-mail address, phone number and VAT number are transferred to the shipper for the purpose of dispatching the goods. This data is transferred for the fulfilment of the contractual relationship with you, the trade partner. The legal basis for these data processing activities is Art. 6 (1) S. 1 lit. b GDPR.
The trade partner’s payment data, namely forename, surname, address, e-mail address, phone
number and VAT number, is transferred to the respective payment service provider for processing payments. This data is processed for the fulfilment of the contractual relationship with you, the trade partner, on the basis of the consent issued by you. The legal basis for these data processing activities is Art. 6 (1) S. 1 lit. a and b GDPR.
(6) Your rights as a data subject
Data subjects have the right to:
- Information about the processing of their data
- The correction or deletion of their data
- The restriction of processing
- Object to the processing
- Data transferability
- Withdraw their consent with future effect
- Complain to the data protection supervisory authorities
For a list of supervisory authorities in Germany go to https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
We hope that this information has helped you in the assertion of your rights. Please do not hesitate to contact us should you require further information on the data protection regulations.
(7) This data protection declaration can be accessed online at any time by clicking here.
Section 22 Exclusion of liability
(1) RELEEZER shall only assume liability for any damages other than injury to life, limb and health that are caused by acts of malicious intent or gross negligence or the culpable violation of a material contractual obligation (e.g. commission payment) by RELEEZER, its employees or vicarious agents. The same also applies to damages caused by the violation of obligations during contractual negotiations and the performance of illegal acts. Any further-reaching liability for damages shall be excluded.
(2) With the exception of injury to life, limb and health or acts of malicious intent or gross negligence by RELEEZER, its employees or vicarious agents, liability shall be limited to the typical damages discernible during the conclusion of the Agreement and otherwise in the amount of the typical damages to be expected for this type of agreement. This also applies to indirect damages, such as in particular lost profits.
(3) RELEEZER shall not assume any liability for damages of any kind that are caused by loss of data on the servers, except in the event of a culpable act of malicious intent or gross negligence
by RELEEZER, its employees or vicarious agents.
(4) Contents of the VSO secured with RELEEZER are classed as third-party information for RELEEZER within the meaning of telemedia law and/or other applicable laws.
Section 23 Inclusion of the sales and marketing plan
(1) The RELEEZER sales and marketing plan and the specifications contained therein also explicitly form an integral part of the Trade Partner Agreement. VSO shall comply with these specifications in their respective valid version at all times.
(2) By submitting the trade partner application to RELEEZER, VSO at the same time assure that they have read the RELEEZER sales and marketing plan and accept it as an integral part of the Agreement.
(3) RELEEZER may change the RELEEZER sales and marketing plan at any time. RELEEZER shall announce changes to the sales and marketing plan within a reasonable period. VSO may object to changes to the sales and marketing plan. In the event of an objection, the VSO may terminate the Agreement as from the effective date of the change. If the VSO fails to terminate the Agreement within four weeks from the effective date of the change, the VSO shall be deemed as having explicitly agreed to the change.
Section 24 Statutes of limitation
All claims arising from this contractual relationship shall expire by limitation one year after their due date and/or one year after the party entitled to assert the claim has obtained knowledge of the facts and circumstances that found the claim, unless the unawareness of the party is based on gross negligence.
Section 25 Governing law / place of jurisdiction
(1) This Agreement is governed by the laws applicable in the location of the RELEEZER head office under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This shall not affect mandatory provisions of the country in which the VSO has their regular place of residence.
(2) If the VSO is a business person, corporate entity under public law or special trust under public law or does not have a general place of jurisdiction in the country or moves their place of residence abroad after concluding the Agreement or their place of residence is unknown at the time a claim is filed before the court, the place of jurisdiction and fulfilment shall be the head office of RELEEZER.
Section 26 Final provisions
(1) RELEEZER may amend the General Terms and Conditions of Trade Partner Agreement at any time. RELEEZER shall announce amendments within a reasonable period. VSO may object to such amendments. In the event of an objection, the VSO may terminate the Agreement as from the effective date of the change. If the VSO fails to terminate the Agreement within four weeks from the effective date of the change, the VSO shall be deemed as having explicitly agreed to the change.
(2) In all other instances, amendments or addendums to these General Terms and Conditions of Trade Partner Agreement shall be placed in writing to become effective. The same shall apply to the waiver of this written form requirement.
(3) If these General Terms and Conditions of Trade Partner Agreement are translated into other languages and there are contradictions between the German and the translated version, the German version shall prevail at all times.
(4) Should a provision of these General Terms and Conditions of Trade Partner Agreement be ineffective or incomplete, this shall not affect the Agreement as a whole. The ineffective provision shall be replaced with an effective provision that comes closest in economic meaning to the ineffective provision. The same shall apply to any gaps in the contract that need to be rectified.
Appendix 1: Sales and marketing plan
Version of the General Terms and Conditions of Trade Partner Agreement: 31/05/2019