Por favor preencha o formulário em baixo para garantir o seu lugar neste grande negocio
(1) The following terms and conditions are part of any sales partner agreement between Bonofa AG with headquarters at Im Loch 11, 9494 Schaan, Lichtenstein, represented by its governing board Mr Thomas Kulla and Mr Detlef Tilgenkamp, hereinafter referred to as: BONOFA, and the independent and autonomous sales partner, hereinafter referred to as: sales partner.
(2) BONOFA will provide its services exclusively on the basis of these general terms and conditions for sales partnerships and these shipping terms and conditions.
(1) BONOFA is a company specialising in software and technology, which distributes high-quality software and internet services around the world. The sales partner receives a respective commission for his activity. This sales activity does not require the partner to incur any financial expenses. All that is required is registration.
(2) The sales partner also has the opportunity to recruit other sales partners. The sales partner receives a commission for the support provided to his recruited sales partners upon obtaining the required qualification. The commission and the manner in which it will be paid are based on the compensation plan in force at that time.
(3) To begin and carry out their sales activities, the sales partner may choose from one of the equipment packages available for purchase from BONOFA. Each software bundle includes various software products (customer acquisition and customer loyalty systems, virtual marketing programs, a lead generation system, and prospect/contact management tools). This business package includes a back office with comprehensive features that enable partners to track their current revenues, commissions and customer developments. Also included is a seminar package to develop and strengthen the partner's sales and interpersonal skills. Depending on the package selected, other options that include additional services are available; details of these services can be found in the BONOFA back office.
(1) All parties to the contract, whether legal entities, partnerships or individuals, must be acting in the course of their business activity and must be at least 18 years of age. Contracts are not made with private consumers.
(2) If a sales partner agreement is submitted by a legal entity or partnership (organised as a GBR, OHG, KG, etc. under German law), said entity or partnership shall submit a corresponding record from the commercial registry (if available for the partnership) and its corresponding VAT identification number. All partners must be at least 18 years of age. The shareholders are individually and severally liable to BONOFA for the conduct of the legal entity.
(3)Any given natural person or legal entity is entitled to obtain only one position within the sales organisation as defined in the BONOFA marketing plan.
(4) Any and all online orders and order forms are considered part of the contract.
(5) It is only possible to enter into the contract online by registering on the BONOFA website and responding to the corresponding confirmation email sent by BONOFA. The sales partner is obliged to complete the sales partnership application fully and properly and submit the same to BONOFA. In addition, the sales partner must accept these terms and conditions as part of the contract by ticking the corresponding box before completing the registration process. The contract enters into force once the sales partnership application is accepted by BONOFA's sending the confirmation email, subject to the condition that the partner makes the payments as agreed within a period of 14 days. If payment is not received by this deadline, BONOFA will grant the sales partner a one-time extension of an additional 14 days to make the payment. If the sales partner fails to meet this extended deadline, the contract is null and void and BONOFA has the right to remove the sales partner from its distribution system so that the partner's position in the distribution system passes to BONOFA.
(6) Any changes to the personal data supplied by the sales partner must be submitted immediately to the BONOFA back office at the spot provided. A road map as in the old system should be provided here.
(7) BONOFA reserves the right to reject any sales partnership application at its discretion and without providing reasons for its decision.
(8) In the event of a breach of any obligations set forth in (1) and (2) above as well as in the second sentence of (4), BONOFA is entitled to terminate the sales partnership agreement
without notice and to eventually demand the return of any commissions paid. In addition, BONOFA expressly reserves the right to seek further redress in this event of the termination.
(1) The sales partners shall act as independent, autonomous businesses. They are neither employees, nor sales representatives or agents of BONOFA. There are no sales targets, purchase or other operational obligations. With the exception of any obligations set forth in this agreement, sales partners are not subject to any instructions from BONOFA and shall bear the full entrepreneurial risk of their business activity, including the obligation to pay any and all business expenses, including the requirement to properly pay their employees. The sales partners shall establish and operate their businesses in accordance with sound business principles, including operating their own offices or a workplace appropriate to the conduct of business.
(2) As independent businesses, sales partners are responsible for compliance with the relevant legal provisions, including tax and social insurance regulations (such as registering for a VAT identification or registering their employees for the social insurance system, obtaining business licenses, if required). Sales partner also warrant that they shall pay the taxes applicable to their commission income earned in the course of their work for BONOFA as required by their local jurisdiction. BONOFA reserves the right to deduct the respective amount for taxes and fees from the commissions and/or demand reimbursement for damages or expenses incurred by BONOFA by any breach of the foregoing requirements to the extent such breach was under the control of the sales partner. BONOFA will not make any social insurance contributions for the sales partners. The sales partner is not authorised to make declarations or commitments on behalf of BONOFA.
(1) BONOFA charges an annual membership, administrative and support fee for the use, maintenance, administration, support and care of the products (f. e. the landing page / back office).
(2) In addition, sales partners may participate in the special BAIO programme, through which he can participate in a special sales promotion programme. The fee payable for this programme replaces the membership, administration and support fee detailed in (1) above. If a sales partner fails to pay the BAIO fee over a period of two months, the fee set forth in (1) above automatically takes effect, retroactively applying to the period for which the BAIO fee was not paid.
(3) The sales partner shall pay the membership, administrative and support or the BAIO fee using a payment option specified by BONOFA.
(1) Sales partners are obliged to protect personal passwords and login IDs from third party access.
(2) In the course of their activities, sales partners are prohibited from infringing the rights of BONOFA, its sales partners, affiliates, or other third parties; likewise, sales partners are prohibited from harassing third parties or otherwise violating applicable law. In particular, sales partners are not permitted to make false or misleading statements about BONOFA products or the distribution system. In the course of their sales activities and structural work, sales partners will make only such statements about the goods offered by BONOFA and the BONOFA sales system that correspond with the content given in the BONOFA advertising and informational materials. In addition, sales partners are prohibited from sending spam, defined as unsolicited advertising emails, faxes or text messages. Furthermore, abuse or engaging in illegal activity, such as the use of unauthorized or unfair advertising (such as misleading statements), is prohibited.
(3) Sales partners may not use, produce or disseminate their own sales documents, websites, product brochures, product labels or other self-generated media and advertising materials. Marketing BONOFA services on their own or other websites is prohibited and advertising is allowed only through the official website of BONOFA. In the event that sales partners promote the benefits of BONOFA in other online media such as social networks (e.g. Facebook), blogs or chat rooms, they must always only use official BONOFA advertising statements and nowhere provide information about their income or earning potential from BONOFA. Furthermore, when using other online media, sales partners must explicitly indicate that it is not an official BONOFA advertisement or online presence. Sales partners are always prohibited from selling their own marketing and/or sales documents to other BONOFA sales partners or others.
(4) The benefits of membership in BONOFA may only be presented and sold by sales partners as revocable under applicable law at sales parties after receiving the corresponding training. Sales partners may also present the benefits at trade fairs and exhibitions. The only restriction is that the sales partner may not also offer competitive products at the same event.
(5) The services may not be offered at auctions, public or private flea markets, swap meets, department stores, online markets such as eBay, Amazon or comparable venues.
(6) Sales partners are required to identify themselves as INDEPENDENT BONOFA PARTNERS in all of their business dealings. Websites, stationery, business cards, car labels, advertisements, promotional material and the like shall include the words "INDEPENDENT BONOFA PARTNER". Sales partners are also prohibited from applying or taking out loans, incurring expenses, making commitments, opening bank accounts or entering into any other contracts on behalf of, in the interest of or in the name of BONOFA.
(7) All travel costs, expenses, office expenses, telephone charges and other expenses for advertising materials are the responsibility of the sales partners.
(8) Sales partners are not entitled in the course of business to make negative, disparaging or otherwise unlawful comments about competing or other companies.
(9) All presentation, advertising, training and film materials, etc. (including photographs) are copyright © BONOFA. These may not be copied, distributed, made publicly accessible or otherwise edited, in whole or in part, by sales partners without express written consent of BONOFA.
(10) The use (or modification) of the BONOFA logo, its trademarks, product names, titles and business drawings beyond that expressly provided in the advertising materials and other official BONOFA documents requires the express written consent of BONOFA. The registration of its own trademarks, titles, websites or other intellectual property rights that contain the BONOFA logo, its trademarks, product names, titles and business drawings is prohibited. The aforementioned prohibition applies to identical and similar logos.
(11) Sales partners may not respond to press inquiries about BONOFA, its services, marketing plan or other services. Sales partners are obliged to forward all press inquiries immediately to BONOFA. Sales partners will make public statements (such as on television, radio or online forums) concerning BONOFA, its range of products and the BONOFA distribution system only after prior written consent of BONOFA.
(12) Sales partners may only market BONOFA services or recruit new sales partners in those states officially authorised by BONOFA.
(13) Sales partners will notify BONOFA management via the event planning system provided by BONOFA of the location, time and content of promotional events that appeal to the general public in advance of issuing invitations to such events. BONOFA can require changes to or even the abandonment of the event, if necessary for the interest of the company and the BONOFA sales organisation and its members.
(1) Sales partners are allowed to sell goods and/or services for other companies, including network marketing companies, to the extent that such are not competitors of BONOFA. Sales partners may not sell goods for competitors either directly or indirectly nor may they have direct or indirect ownership interests in the same.
(2) Notwithstanding the permission granted in (1) above, sales partners are not allowed to sell products or services of other (non-competing) companies to other BONOFA sales partners and/or customers.
(3) To the extent sales partners are simultaneously active for several companies or network marketing companies, they (together with their respective downline) agree to organise each sales activity in such a way that would connect or mix their activities for these other companies with their activity for BONOFA. In particular, sales partners may not offer products other than BONOFA at the same time in the same place or in the immediate vicinity or on the same side website, Facebook page or other social media/online platform.
(4) Sales partners are also prohibited from recruiting other BONOFA sales partners for the sale of other company's products.
(5) Sales partners are also prohibited from violating their agreements with other sales partners by signing another sales partnership or other agreement with other companies.
(6) If sales partners are active on behalf of another company in addition to their activity for BONOFA, they shall notify BONOFA of this activity and the identity of that other company.
Sales partners shall observe strict confidentiality regarding trade secrets of BONOFA and their structure. The trade secrets include in particular information on downline activities and the information contained therein as well as customer and sales partner data.
This obligation shall remain valid even after the termination of this sales partnership agreement.
(1) Active partners who recruit new sales partners for the distribution of BONOFA products will have those new partners assigned to their structure, as determined by the date and time the paid sales partner application is received by BONOFA. If two partners claim to have sponsored a new sales partner, BONOFA will assign the new sales partner only to the structure of the sponsor listed in the first paid registration received.
(2) The registering sales partner is required to submit the data of the sponsored sales partner correctly and completely. BONOFA is entitled to delete all personal data, including the email address of a sponsored sales partner from the system, if advertising mail, letters or emails are returned marked "moved", "deceased", "rejected", "unknown" etc. and the registering sales partner fails to correct the erroneous data within a reasonable time. If BONOFA incurs costs for undeliverable mail items and packages, it is entitled to recover said expenses from the registering sales partner, unless not responsible for such failure to deliver.
(3) In addition, cross-line sponsorship and any attempt to do the same within the company is prohibited. Cross-line sponsoring means the acquisition of a person or a company already a partner in another BONOFA sales line or that had a sales partnership agreement with BONOFA within the last 6 months. Using the names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
(4) Bonus manipulation is prohibited. This includes sponsoring sales partners who are not actually engaging in BONOFA business, as well as open or disguised attempts to register more than once, to the extent prohibited. Using the names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
(5) Sales partners have no right to assert protection of sales territory.
(1) The first time sales partners are in breach of the obligations set forth in §7, they shall receive a written warning from BONOFA with a deadline of 10 days to rectify the breach. Sales partners agree to reimburse BONOFA for any and all costs incurred by such warning, in particular, any lawyers' fees incurred.
(2) §16(3) herein expressly gives BONOFA the right to an extraordinary termination of the sales partner without warning for any breach of those obligations set forth in §§ 8, 9 and 10(3) and (4) as well as for any serious breach of those obligations set forth in §7 or any other applicable contractual or other right set forth in the law. Notwithstanding the right to extraordinary termination without notice set forth in §16(3), BONOFA reserves the right at its discretion to issue a warning as described in (1) above, even with a shorter deadline for remedy, in individual instances of the aforementioned breaches of duty.
(3) If, after the expiry of the deadline for remedy, the breach has not been remedied or the same or fundamentally identical breach occurs again, a contractual penalty in the amount of €5,100.00 will be due immediately. In addition to the penalty itself, the sales partner shall be responsible for reimbursing any and all attorneys' fees associated with its collection.
(4) The contractual penalty notwithstanding, the sales partner shall be liable for any and all damages incurred by BONOFA through the breach of any duty set forth in §§7–9 and §10(3) and (4) to the extent they were caused by the sales partner.
(5) The sales partner shall indemnify BONOFA at its initial request against any and all claims by third parties arising from the breach of any duty set forth in §§7–9 and §10(3) and (4) or any other violation of applicable laws by the sales partner. In particular, the sales partner agrees to assume responsibility for all costs, especially legal fees, court costs and damages, such as may be incurred by BONOFA in this context.
BONOFA reserves the right to change the prices to be paid by the sales partner, particularly with regard to changes in market conditions and/or the licensing structure. Likewise, BONOFA reserves the right to change, especially increase, the shares in commission associated with its services, the compensation plan and usage fees at the beginning of each new billing period. BONOFA will provide sales partners notice of such changes within a reasonable time in advance. Price increases of more than 5% or changes to the compensation plan to the sales partner's detriment give the sales partner the right to object to the modification. If sales partners fail to object to the changed terms and conditions within one month after receiving notice, said changes shall become part of this agreement. Notice of any changes known at the time the sales partnership agreement is signed is not required and do not constitute grounds for the sales partner to object to the same. If sales partner object to a change in these terms, BONOFA is entitled to terminate the contract as of the date on which the modified or amended terms and conditions will apply.
Any advertising and other financial support provided by BONOFA to sales partners can be revoked at any time with future effect.
(1) As compensation for their activity and upon reaching the required qualifications, sales partners will receive commissions and other compensation calculated according to the BONOFA MARKETING PLAN on the basis of the sales results of those downline partners in their 'line of responsibility'. Partners will examine the statements and notify BONOFA of any objections immediately. All commissions are paid based on the applicable compensation plan that partners can access at any time in their back office. No commissions are paid on products consumed by the sales partners themselves and sponsorships. If sales partners in a sponsor's downline exercise their right to return products to BONOFA, BONOFA will debit any and all compensation for their structural work associated with this sale already paid to the sponsor's account. The compensation paid to sales partners covers any and all costs they incur to maintain and operate their businesses, unless otherwise agreed.
(2) BONOFA reserves the right to require sales partners to provide proof of their identity before paying any commissions or delivering services. Identity can be provided with a photocopy of the partner's identity card or passport and must be supplied within 2 weeks of the request.
(3) Sales partners will provide BONOFA with their tax ID and a copy of the confirmation letter from the responsible tax office immediately upon opting to pay VAT on their business activities or when their business volume exceeds the thresholds set for small business exemptions.
(4) Commissions and delivery fees for partners' services can only be paid to accounts held in their own name or in that of a partnership or legal entity in contractual relationship with BONOFA, unless otherwise agreed. Payments to foreign accounts or to a bank located outside the country in which the partner is registered cannot be made.
(5) BONOFA is entitled to withhold payments in accordance with the law. In addition, BONOFA may withhold the payment of commissions, if all of the documents required by law, such as the VAT identification number for legal entities, have not been provided upon request before the first payment is due. If BONOFA exercises its right to withhold commission payments, sales partners hereby agree that they shall not demand interest on the amount payable.
(6) If sales partners lose their qualified partner status (i.e. by having fewer than three active direct partners), they forfeit all claims to commission from the time said status is lost. Sales partners may, of course, again obtain qualified partner status, although this does not restore any previously forfeited commissions.
(7) If sales partners lose their active partner status (i.e. by not setting up a BAIO Plus subscription or by failing to pay the appropriate fees after subscribing or by not obtaining any other qualified status set forth in the compensation plan), any commissions earned from that time will be withhold until such time as they once again obtain active partner status. If partners fail to obtain active partner status once again within 30 days, all commissions generated up to that point will be forfeited. If partners lose active partner status for 60 days or longer, all downline partners that they have recruited will be reassigned to their upline partner.
(8) BONOFA is entitled to offset any commissions in whole or in part with amounts owed to BONOFA by the partner. Sales partners are entitled to offset any payments owed to BONOFA with any counterclaims that are undisputed or have been court-ordered.
(9) Sales partners may not assign or pledge claims arising from the sales partnership agreement. The agreement may be not be encumbered with the rights of third parties.
(10) Written notice of commissions, bonuses or other payments made in error is to be given to BONOFA within 60 days of the erroneous payment. After this time, the commissions, bonuses or other payment shall be deemed as accepted and approved.
(11) Commissions less than €100.00 will not be paid. In the event that the minimum payment amount is not reached, the commission will be kept by BONOFA in a business account for the sales partner and will be paid in the month after reaching the minimum pay-out amount.
(1) If the sales partner fails to provide all of the necessary documents within 30 days of registration and acknowledgment of the requirements for the payment of commissions, BONOFA is entitled to block said sales partner until such time as the documents required by law are provided. The same applies if the sales partner fails to comply with the deadline set forth in §14(2) or is in breach of § 14 (3) until such time such breaches are rectified; likewise, the sales partner may be blocked for failure to pay the fees or licensing fees owed. Such blocking does not give the sales partner the right to an extraordinary termination of this cause and does not create grounds for a refund of any initial orders already paid or for a claim for damages, unless the sales partner is not responsible for the situation leading to the blocking.
(2) Commissions that cannot be paid for the aforementioned reasons will be posted as accrued liabilities on BONOFA's books and expire no later than the statutory limitation periods.
(3) For each instance where a warning is necessary, BONOFA is entitled to reimbursement of the necessary costs for this reminder.
(4) In addition to the reasons for blocking stated in (1) above, BONOFA also reserves the right to block a sales partner for cause. In particular, BONOFA reserves the right to block the sales partner's access without notice, if the sales partner is in breach of the obligations set forth in §§7–9 and §10(3) or (4) or is violation of any other applicable law, or if some other good cause exists and the partner fails to remedy said breach of duty after receiving warning from BONOFA within the period specified in §5.
§16 Duration and Termination of the Agreement and Consequences of Termination / Return Policy
(1) The sales partnership agreement shall last for 12 months. The agreement shall be extended automatically for an additional twelve months with the payment of the administrative, support and handling charges set forth in §6(1) or the BAIO fee set forth in § 6 (2) if not previously terminated with written notice by either party no later than one month before the current end date. If the sales partner fails to pay the aforementioned fee within 30 days after the end of the previous contract period, despite a corresponding request for payment from BONOFA, the agreement will be automatically terminated.
(2) BONOFA also has the right to terminate the sales partnership agreement for cause if the sales partner has lost his or her active partner status for more than two consecutive months. Prior to the termination, BONOFA will give the sales partner a final deadline of two weeks to reacquire active partner status which will then restore the status quo ante.
(3) Regardless of the reasons for termination set forth in (1) and (2) above, BONOFA reserves the right to terminate the sales partner for cause at any time. Such cause includes in particular the breach of any of the obligations set forth in §7, if the sales partner fails to remedy the same in a timely manner as set forth in §11(1), or if, after such remedy, the partner is once again in breach of the same or a similar duty. For any breach of the obligations set forth in §§8, 9 and §10(3) and (4) as well as any particularly severe breach of the obligations set forth in §7 or any other applicable contractual or statutory law, BONOFA is entitled to an extraordinary termination of the sales partner without prior notice. In addition, either party is entitled to extraordinary termination of this agreement if insolvency proceedings are opened against the other party or if such proceedings were rejected due to a lack of assets or of the other party is otherwise insolvent or has submitted an affidavit of insolvency in response to an attempt to enforce a judgement by writ. The right to extraordinary termination is without prejudice to further claims.
(4) Domains that contain the name "BONOFA", a trademark, business name or work title of BONOFA may no longer be used after termination of this agreement and shall be transferred to BONOFA upon request in exchange for reimbursement of any costs associated with such domain transfer.
(5) An early termination of an agreement with a minimum term does not entitle the sales partner to any refund of the fees set forth in §6(1) and (2), unless the sales partner has exercised the right to extraordinary termination for cause.
(6) Sales partners may re-register with another BONOFA sponsor after termination of their previous positions. The termination and BONOFA's confirmation of the sales partner's previous position must have been at least 6 months prior, with the terminating sales partner having performed no activity for BONOFA during that time.
(7) Once the agreement is terminated, sales partners have no further right to commissions and especially no claim to compensation as a sales agent [Handelsvertreterausgleichsanspruch], since sales partners are not sales agents as defined by the Handelsgesetzbuch [German Commercial Code].
(8) Any services, software and sales tools acquired directly from BONOFA as part of the sales partnership that are unused and can be resold can be resold or returned to BONOFA for up to three months after termination of the sales partnership, subject to the following rules. If the services are sold back and returned to BONOFA within 2 weeks of the date of the original invoice until receipt of the notice of termination, the sales partner will receive a refund of 90% of the net cost. If the services are sold back and returned to BONOFA within 4 weeks of the date of the original invoice until receipt of the notice of termination, the sales partner will receive a refund of 75% of the net cost. If the services are sold back and returned to BONOFA within 8 weeks of the date of the original invoice until receipt of the notice of termination, the sales partner will receive a refund of 60% of the net cost. If the services are sold back and returned to BONOFA within 3 months of the date of the original invoice until receipt of the notice of termination, the sales partner will receive a refund of 45% of the net cost. Older services, software or sales tools cannot be returned. The return shipping costs, the costs incurred in connection with the return shipping deducted plus handling will be deducted as applicable from the refund amount. The original shipping costs, if any, will expressly not be refunded. In addition, if the sales partner has received a commission on the returned items and this commission is to be repaid, it will be deducted from the refund amount. The refund will be made using the same payment previously used by the sales partner, if possible.
(9) If a sales partner has claimed services from BONOFA outside of this sales partnership agreement, these services remain unaffected after the termination of said agreement unless expressly requested by the sales partner in the notice of termination. If sales partners continue to receive services from BONOFA after the termination of the sales partnership agreement, they will be treated as normal customers.
(10) Upon termination of the sales partnership agreement, the sales partner's position in the BONOFA distribution system is assigned to BONOFA.
(1) For damages other than the loss of life, limb or health, BONOFA is liable only for damage that results from the intentional or grossly negligent acts or culpable violation of essential contractual obligations (such as the payment of commissions) by BONOFA, its employees or agents. This also applies to damages resulting from the breach of obligations in contract negotiations as well as in the event of torts. Any further liability for damages is excluded.
(2) Any liability for damages other than the loss of life, limb or health or that caused by the intentional or grossly negligent acts of BONOFA, its employees or agents is limited to those damages that would be typically foreseeable at the time the agreement is made and is also limited to such average amounts as would be typical for contracts of this sort. This also applies to indirect damages, including loss of profits.
(3) BONOFA assumes no liability for damage of any kind incurred through the loss of data on servers, unless it is the result of gross negligence or wilful misconduct of BONOFA, its employees or agents. Any content stored on the servers by sales partners is treated by BONOFA as third-party content as defined by the TMG [German Telemedia Act].
(4) The provisions of the Produkthaftungsgesetz [German Product Liability Act] shall remain unaffected.
(1) BONOFA can transfer its contractual position at any time to a successor company that will continue the business covered by this agreement in the same manner and will fulfil the former's existing rights and obligations in full. In the event that the sales partner does not agree with the transfer of the business relationship to the new company and notifies BONOFA of the same forthwith, the agreement will be terminated at the earliest possible termination date.
(2) The distributor is entitled to transfer his downline sales structure after reaching and maintaining the silver level for at least two consecutive months and with the prior written consent of BONOFA and presentation of the purchase and/or transfer agreement with the third party together with the latter's sales partnership application to BONOFA, if BONOFA has not exercised its right of first refusal. The sales structure may only be transferred to those persons who are not already BONOFA sales partners. A sales structure may not be transferred or sold to current sales partners of BONOFA. BONOFA may withhold its consent only for cause, provided it is not exercising its right of first refusal. Sales partners are obliged to give written notice to BONOFA of their intention to transfer their sales structure. BONOFA shall have one month after receipt of the written notice to exercise its right of first refusal. If BONOFA does not exercise its right, the transfer is permitted, unless precluded by cause. A sale of a partner's sales structure is only possible if the sales partnership has not yet been terminated. For termination without notice or for a breach of these terms and conditions, sales partners forfeit any right to sell their sales organization; the same applies if the sales partner has any outstanding amounts payable to BONOFA.
(3) If a sales partner is registered as a legal entity or partnership, a transfer of the sales structure is only allowed when the following conditions are also met.
(4) If a legal entity or partnership newly registered as a sales partner wants to add a new shareholder, this is possible if the previous shareholder(s) who filed the original application for the sales partnership remain shareholders. If shareholders want to give up or transfer their ownership positions within a legal entity or partnership registered as a sales partner to third parties, this is permitted upon submission of a written request to BONOFA with copies of the corresponding notarial deeds and in accordance with the provisions herein. BONOFA will levy a fee of €25.00 to process such requests. If this requirement is not met, BONOFA reserves the right to terminate the agreement with the legal entity or partnership registered as the sales partner.
(5) The sales partnership agreement is terminated upon the death of the sales partner. The sales partnership agreement can be passed on to the deceased's heirs in compliance with statutory provisions if the partner had achieved gold level for at least two consecutive months. The heir(s) must sign a new sales partnership agreement within six months of the previous partner's death where they will assume the rights and obligations contained therein. A death certificate for the deceased sales partner must be presented. If there is a will granting the sales partnership agreement as part of the deceased's inheritance, a notarised copy of the will must be presented. If the heir(s) do not exercise their inheritance rights within six months of the former partner's death, all of the rights and obligations under the previous agreement shall pass to BONOFA. The six-month period may be extended by a reasonable length of time on an exceptional basis, if it is disproportionately short for the heir(s).
In the event that a legal entity or partnership registered as a sales partner terminates its association internally, only one sales partnership position shall remain, even after the separation from, dissolution of or other termination of the same. Those members/shareholders separating from the legal entity or partnership shall decide internally which member(s)/shareholder(s) shall continue the sales partnership and provide written notice of their decision to BONOFA. In the event of an internal dispute over the effects of such separation, division, dissolution, or other termination of a legal entity or partnership with respect to the sales partnership, BONOFA reserves the right of extraordinary termination of said partnership if such dispute leads to a neglect of the sales partner's duties, a breach of these terms and conditions, a violation of applicable law, or an unreasonable burden on the partners either downline or upline.
(1) The sales partner manual, the BONOFA FAQs and the compensation plan and the information contained therein are also expressly deemed part of this sales partnership agreement. The sales partner must comply with the provisions contained in the current version of the same.
(2) With their signature on the application form or by submitting an online application to BONOFA, sales partners warrant that they have read and understood the sales partner manual, the BONOFA FAQs and the compensation plan, and accept the same documents as integral components of this agreement.
(3) BONOFA is entitled to change the sales partner manual, the BONOFA FAQs and the compensation plan at any time. BONOFA will provide reasonable advance notice of such changes. The sales partner may object to such changes. If sales partners raise such objections, they are entitled to terminate the agreement as of the date on which the changes take effect. If the sales partners fail to terminate the agreement within four weeks after the changes take effect, the changes will be deemed to have been accepted by the partners.
Sales partners hereby grant BONOFA the free right to make photographic and/or audio-visual recordings with their likeness, voice, statements or quotations made in their capacity as sales partners. By signing the sales partnership application and accepting these general terms and conditions, sales partners expressly give their consent to the publication, use, reproduce and modification of their statements, recordings or photos.
(2) BONOFA uses the information provided by sales partners (such as title, name, address, email address, phone number, fax number, bank account) in accordance with the provisions of the German Datenschutzrecht [German Data Protection Law] for the purpose of billing and fulfilment of this agreement. Therefore, BONOFA collects, stores and processes the data provided exclusively by partners on their sales partnership application and does not use the same to generate user behaviour profiles.
(3) For the purposes of fulfilling this agreement, including the settlement and payment of commissions, product and marketing information and sales partners' personal data will be provided to third parties, including the accounting department, bank or subsidiaries of BONOFA (BONOFA shops and suppliers) to the extent necessary to fulfil the contractual obligations referenced herein.
(4) Sales partner may revoke their consent to the disclosure of their data at any time with future effect.
(5) Beyond those purposes described above, all personal data provided by sales partners to BONOFA shall not be disclosed to third parties without the partners' express written consent unless such disclosure is required by law or regulatory authority.
(6) After the termination and settlement of the agreement, including the full payment of all fees as agreed, the partner's data will be deleted to the extent there is no legal obligation to retain the same, with the exception of any such data for which consent was given to be otherwise used.
(7) If sales partners wish further information on the storage of their personal data or its deletion, blocking or modification, they may contact the BONOFA data protection officer.
Any claims arising from this agreement shall expire six months from the date on which the claim is due and the claimant knows the circumstances giving rise to said claim or if ignorance of the same is due to circumstances caused by gross negligence. This does not affect any statutory provisions requiring a longer limitation period.
You are registering with BONOFA as an entrepreneur and not as a consumer and therefore you do not have a statutory right of withdrawal. Nevertheless, BONOFA grants you a voluntary two-week right to withdraw from this contract.
You may give written notice (by letter or email) revoking your decision to enter into this agreement within two weeks without giving reasons. The period begins once you submit the online sales partnership application. The timely exercise of this right is determined by the date on which such notice (postmarked/email timestamp) or the starter set is sent.
The rescission must be sent to:
Im Loch 11
Email address: [email protected]
Exclusion of the Right of Withdrawal in Case of Digital Software
Concerning starter sets, which always include one or more digital software products, as well as other digital software, you can no longer rescind your order once the digital software has been made available to your back office and you have “opened”, downloaded or otherwise used the software. By submitting an order to purchase or otherwise acquire digital software, you agree to this condition. Outside of the product warranty rights granted by the law, you may not return digital software. You assume the entire risk of loss after purchase and for any loss of digital software that you have downloaded, including losses due to a computer or hard drive failure.
Consequences of Withdrawal:
If you rescind the agreement effectively, the benefits and the uses received by both parties must be returned. If you cannot return the services received from us in whole or in part or only return the same in a deteriorated condition, you must reimburse for the loss in value. All obligations to refund payments must be fulfilled within 30 days. The time period begins for you when you submit your notice of rescission or return the goods, whereas the period begins for us upon their receipt.
End of the Notice on Withdrawal
(1) The law of the Federal Republic of Germany applies, with the exception of the UN Sales Convention. This does not affect any mandatory provisions of the country in which sales partner maintain their habitual domicile.
(2) The place of jurisdiction and the place of performance is the registered office of BONOFA in Lichtenstein.
(1) BONOFA is entitled to change the general partnership terms and conditions at any time. BONOFA will provide reasonable advance notice of such changes. BONOFA will provide reasonable advance notice of such changes. The sales partner may object to such changes. If sales partners raise such objections, they are entitled to terminate the agreement as of the date on which the changes take effect. If the sales partners fail to terminate the agreement within four weeks after the changes take effect, the changes will be deemed to have been accepted by the partners.
(2) Any changes or additions to this agreement must be in writing. This also applies to the waiver of the written form requirement.
(3) The invalidity or incompleteness of any provision of these terms and conditions do not affect the validity of the remaining provisions. The invalid provision will be replaced by a provision that is legally effective and comes closest to the economic intent and purpose of the invalid provision. The same applies to any matters requiring regulation not included herein.
General terms and conditions for sales partners last updated: 25/08/2014
The german version is binding.