Terms and Conditions of Fintech Pioneers LLC
Code of conduct for Independent Distributors of Fintech Pioneers
As an Independent Distributor of Fintech Pioneers GmbH (hereinafter: Fintech Pioneers) I assure you,
Upon acceptance of the Distributor Application, Fintech Pioneers grants the authorization to sell its services with direct sales in the name and for the account of Fintech Pioneers. The contract comes into effect by completing the digital distributor contract and by accepting it. The distributor must be 18 years old. Any application may be rejected without providing a reason.
The distributor agrees to notify of any changes to his personal data without delay.
The distributor works as a freelance and independent entrepreneur. The distributor guarantees that he will work as a freelancer for fintech pioneers in a part-time capacity. The distributor further pledges that increase in sales and increase in workload will be appropriately declared.
The distributor is entitled to call himself or herself a “distributor” of Fintech Pioneers for the duration of this distributor contract or to use the title awarded to him by the company for sales performance. The distributor is neither an employee nor a representative of Fintech Pioneers. He is not bound by instructions from Fintech Pioneers.
The distributor will ensure he has the official permits necessary for the independent exercise of his trade (i.e. business registration, registration with the tax office, membership in the Chamber of Industry and Commerce) and will pay taxes and duties. He must provide proof of a business registration.
The distributor declares that he is a small business owner and should not state otherwise.
Fintech Pioneer’s services may only be marketed through direct sales.
The distributor is responsible for informing consumers of their right of withdrawal.
The distributor is permitted to sell products and services from other companies apart from competing products. However, the distributor agrees not to sell products and services from other companies (in particular direct sales and network marketing companies) to other Fintech Pioneers distributors. Sales at or in connection with a Fintech Pioneers event are prohibited. Distribution in your own structure is also not permitted.
Publications, marketing material, advertising, or advertisements of any kind with copies of Fintech Pioneers products, graphics, slogans, and the use of registered trademarks, such as the company logo or other Fintech Pioneers specific names, require the written consent of Fintech Pioneers. This also applies to the appearance on social media such as Facebook. If the distributor decides to appear on social media with the consent of Fintech Pioneers, he agrees to advertise only and exclusively for Fintech Pioneers and Fintech Pioneers products. Upon termination of the contract, the social media content may no longer be used. In particular, the social media profile may not be used for other products or companies even after the contract has ended.
Media inquiries must be forwarded to Fintech Pioneers immediately and must not be answered independently.
The distributor may not answer telephone calls in such a way that the impression is given that the caller has reached the registered office or an office of Fintech Pioneers.
The distributor’s Internet address (URL) must not give the impression that the operator is Fintech Pioneers itself. URLs that are derived from a direct Fintech Pioneers generic term are also prohibited.
The distributor can send impressions of his everyday life to Fintech Pioneers, in particular photos, videos, or other content (hereinafter referred to as “Content”). The distributor is hereby advised that he should obtain permission from persons depicted and ideally document this in writing. If the distributor sends Content to Fintech Pioneers, the distributor also warrants that it does not infringe any third-party rights, in particular copyrights, personal rights, rights to one’s own image or intellectual property rights such as trademark, title, or design rights. The distributor indemnifies Fintech Pioneers and/or its bodies, employees and shareholders and any cooperation partners of Fintech Pioneers upon first request against any claims of third parties and undertakes to compensate Fintech Pioneers for any damages incurred or to be incurred by Fintech Pioneers and/or its bodies, employees and shareholders and any cooperation partners of Fintech Pioneers because of infringing content, including the costs of legal defence.
By sending content, the distributor grants Fintech Pioneers in each case a right of use to all content, unlimited in terms of time, content, and territory, and waives the need to mention his name. This license entitles Fintech Pioneers to use the content transmitted by the distributor for advertising and commercial purposes as well as for non-commercial purposes, in particular photos and videos, in whole and in part as well as in edited form. Fintech Pioneers is further entitled to reproduce submitted content, make it publicly available on the Internet including social networks such as Facebook, Twitter, or Instagram, print and merge with other content at any time. The transfer of rights includes the right to publish, reproduce, distribute, and broadcast, in word, writing, image and sound. It includes the right to preprint and reprint and is not limited in quantity. Included is the right to use the content for advertising and marketing purposes. Fintech Pioneers is entitled to edit the content and to use it in parts. This includes excerpts.
The transfer of rights includes both the right to distribute and otherwise pass on to third parties free of charge and for a fee. The distributor further transfers to Fintech Pioneers the right to distribute visual, audio (i.e. audio books) and other data types such as on CD-Roms, DVDs, MP3 as well as downloaded files, as attachment(s) to an e-mail in any format, as e-book and as stream. The transfer of rights extends to broadcasting, cable and satellite broadcasting, on-demand services, near-on-demand services, pay TV and comparable technologies and forms of broadcasting. Fintech Pioneers is entitled to transfer into any other medium and any other data form, including the right of digitization.
Fintech Pioneers is also entitled to translate the Content. Furthermore, the distributor grants Fintech Pioneers the right to transfer all rights of use, in particular those listed in more detail above, to third parties free of charge or subject to a fee, and by way of sale of the company as a whole or parts of the company. This expressly includes the right to edit.
Furthermore, the distributor immediately grants the rights for transfer of types of uses that are still unknown at the time of transfer to Fintech Pioneers.
The statutory periods of notice shall apply. The right to terminate without notice due to important reasons is expressly reserved.
The compensation plan of Fintech Pioneers is part of the contract. If the distributor refers other distributors, he will receive performance-based commissions for their introduction, training, and support according to the Fintech Pioneers compensation plan.
Fintech Pioneers is entitled to offset outstanding claims from the business relationship with accrued commissions of the distributors. However, the distributor agrees to not make commission claims to offset claims made by Fintech Pioneers; unless such claims are undisputed or have been legally established. The distributor is obliged to repay overpaid commissions.
Commissions are always paid out between the 10th and 15th of the following month. Distributors receive a commission statement.
The place of delivery and fulfilment is the headquarters of Fintech Pioneers. The distributor expressly accepts these terms and conditions. If the distributor is a businessman, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the headquarters of Fintech Pioneers.