CONDITIONS OF USE
General terms and conditions preamble
The Future Key Group GmbH has the function of a marketplace and the task of bringing customers and producers or services together. The primary mediation medium is sales, here called network partners.
In the network partner, customers have a direct contact and advisor for the products and services in the Future Key Group network. The Future Key Group acts as an intermediary here, the contractual relationship is created directly between the customer and the product partner/supplier. The Future Key Group looks for special products for the customers of the network on the market and provides the added value of the consulting service through its network partners.
Network partners are familiar with the portfolio of the Future Key Group and provide their personal customers with the products for which there is a need. The network partner can access all products and services of the Future Key Group or specialize in a brand or an industry. Due to the diversity of the product portfolio with a simultaneous specialized presentation, this business model is extremely suitable as a second income in home business.
All products in the portfolio are assigned to different brands or subject areas. Thus, the customer does not find all products in one shop, but in different shops, which all run on one system in the background. The focus remains on the topic that interests the customer. Brand providers are responsible for a subject area, the shop maintenance and the support of the network partners and product providers of this brand. He takes care of information and training material for all products in his brand. And looks after the product providers of his brand, if he is not the brand provider and product provider in one person. A particular advantage for brand givers is that you get an independent MLM system without having to rebuild it and at the same time have access to an existing sales organization. In relation to an independent sales structure, he only invests a tiny fraction in his project.
The product provider / supplier can be a manufacturer or service provider who would like to seize the opportunity to have their products or services sold through a distributor. The product provider is listed in the respective brand and can have all of their products entered there. In addition to the one-off listing fee for the product provider and its products and an annual membership, the product provider only pays a jointly negotiated success fee to the network in the event of success, i.e. if its products have been brokered. He also benefits from the entire network and receives optimal support for the marketing of his products. Product providers and brand providers receive special discounts on the production of digital products, advertising films and training films. The product provider is the direct contact person for the mediated customer. The contractual relationship is established directly between the product provider and the customer.
- 1 Scope
(1) The following terms and conditions are part of every contract between Future Key Group GmbH, Dessauerstr. 2 , D-26683 Saterland-Ramsloh, e-mail address: firstname.lastname@example.org if it appears as Future Key Group. (hereinafter: Future Key Group) and the customer.
(2) The Future Key Group offers the sale of goods and training packages (future goods) via its online shop. The Future Key Group provides its services solely on the basis of these terms and conditions, which can be viewed at any time on this website, must be confirmed before a purchase and are downloadable.
(3) If you have cause for complaints, you can contact us using the information given in paragraph 1.
(4) The general terms and conditions of the providers apply on the marketplace.
(5) Extended conditions apply to film and graphics, which are described in an extra section
- 2 Conclusion of contract / contract language
(1) The presentation of the goods, in particular on the Internet, does not constitute a binding offer from the Future Key Group.
(2) After registering with the Future Key Group and logging into his account, the customer can place an item in the shopping cart by clicking on the shopping cart symbol. The customer can empty the shopping cart at any time by changing the number of items or by closing the browser window to complete the ordering process. The changes can be made using the mouse and keyboard. By clicking the “CHECKOUT” button, the customer is forwarded to a page where he can choose the payment method for concluding the purchase contract. The customer will then be shown these hardware purchase terms and conditions, the risk warning and the data protection regulations, which he must read and which the customer must confirm by ticking the relevant box. In the event that the customer would like to make changes to his order again at this point, he can do this at any time in the order field. If no more changes are to be made to the order, the ordering process can be completed by clicking on the “ORDER NOW, PAYABLE” button and the application for the conclusion of a binding purchase contract, which is subject to a fee, can be sent. The receipt of the order is displayed to the customer immediately after completing the ordering process. The Future Key Group stores the customer order and the order data entered in accordance with the data protection declaration.
(3) The customer is informed about the receipt of the order in the dashboard. This order confirmation also represents the acceptance of the purchase contract by Future Key Group or its product provider.
The Future Key Group collects and uses the data you voluntarily transmit only within the framework of the statutory provisions. The detailed provisions on data protection can be found in our data protection regulations.
- 4 Terms of Delivery
(1) Unless otherwise agreed, delivery is made ex warehouse to the delivery address specified by the customer. Delivery takes place within 7 working days, whereby working days are Monday to Friday, with the exception of public holidays. The delivery period begins on the day after receipt of payment.
(2) If the Future Key Group incurs additional shipping costs due to the provision of an incorrect delivery address or an incorrect addressee, these costs must be reimbursed by the customer, unless the customer is not responsible for the incorrect information.
(3) Deliveries that are made directly by participants in the marketplace may have different delivery conditions.
- 5 Shipping / Shipping Costs
(1) The shipping costs depend on the respective product provider and the shipping destination and can be found in the shop for the respective product.
- 6 Terms of Payment
(1) The customer can pay by credit card via Paypal or SEPA transfer as a payment option.
(2) All prices are to be understood as total prices including statutory sales tax, but plus shipping costs.
- 7 Retention of Title
The goods remain the property of the Future Key Group until full payment has been made. of the respective marketplace supplier/product provider.
- 8 cancellation policy
Right of withdrawal for consumers
As a consumer , you have the right to withdraw from this contract within fourteen days without giving any reason.
The period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must inform Future Key Group GmbH, Dessauerstr. 2 D-26683 Saterland-Ramsloh: by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back)
– To the Future Key Group GmbH, Dessauerstr. 2 D-26683 Saterland-Ramsloh, e-mail address: email@example.com
I/we (*) hereby revoke the contract concluded by me/us for the purchase of the following goods
– Ordered on (*) / received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Name and ID of the intermediary (recommender or network partner)
– Signature of the consumer(s) (only if notification is made on paper)
(*) Delete where not applicable
- 9 Liability for Defects / Limitation of Liability
(1) The customer has a statutory right to liability for defects. With regard to liability for defects, the statutory provisions apply unless otherwise stated in the following limitations of liability with regard to compensation for damages.
(2) The Future Key Group re. the product provider is liable – with the exception of injury to life, limb and health and the violation of essential contractual obligations (handover and transfer of ownership of the goods) – only for damage that can be attributed to intentional or grossly negligent behavior. This also applies to indirect consequential damages such as lost profits in particular.
(3) Except in the case of intentional or grossly negligent behavior or in the event of damage resulting from injury to life, body and health and the violation of essential contractual obligations (handover and transfer of ownership of the goods) – the amount of liability is limited to the foreseeable, contract-typical damage at the time the contract was concluded limited. This also applies to indirect consequential damages such as lost profits in particular.
(4) The limitation of liability in paragraphs 1 and 2 also applies to the vicarious agents of Future Key Group.
(5) Liability based on the Product Liability Act remains unaffected.
- 10 Age Restriction
If your order includes goods whose sale is subject to age restrictions, we use a reliable process that includes a personal identity and age check to ensure that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally.
The following provisions are to be applied in addition to services such as graphic creation, website development and film recordings as well as authorship and management consulting, collectively referred to as media production, with the Future Key Group as the product provider.
- 11 Scope of media production
For the business relationship between Future Key Group GmbH (hereinafter referred to as “Future Key Group”) and the client, all offers and services of the film reference apply. Graphic production, authors and consultancy Future Key Group exclusively the General Terms and Conditions in the version valid at the time the order is placed. The client can call up these GTC at any time at the Future Key Group web address and print them out using their Internet browser or save them on their computer.
The subject of the following General Terms and Conditions (GTC) are services and/or works of film production. The type of services and works in detail results from the concept developed by the production, the offer, the action proposals or the individual orders.
Deviating conditions of the client are not recognized unless Future Key Group expressly agrees to their validity in writing. This also applies if the customer’s terms and conditions of business and/or delivery have not been expressly contradicted.
Future Key Group can subsequently change these general terms and conditions and additional special terms and conditions.
These GTC are an essential part of every contract concluded, unless otherwise agreed in detail. They also apply to future business relationships with the client, without the need for them to be expressly included again.
- 12 Conclusion of contract
The offers of the Future Key Group are subject to change and non-binding.
A contract is only concluded when the contract has been concluded in writing, the customer’s order has been confirmed in writing by the Future Key Group or the Future Key Group has started execution.
Advance services that the Future Key Group provides as part of an offer at the request of the client can be charged to the client if a contract is not concluded.
- 13 presentation
The development of conceptual and design proposals by the Future Key Group and their presentation takes place – unless otherwise agreed in the orders – against payment of a separate presentation fee.
Any use, even partial, of the work and services (presentations) presented or handed over to the potential client by the Future Key Group with a view to and with the aim of concluding a contract, regardless of whether they are protected by copyright, requires the prior consent of the Future Key Group . This reservation of consent also applies to use in a modified or edited form and to the exploitation of the ideas on which the work and services of the Future Key Group are based, provided these have not been reflected in the previous advertising material.
The acceptance of a presentation fee does not constitute consent to the use of the work and services of the Future Key Group.
If the copyright and ownership rights to the work presented by Future Key Group in the context of presentations are paid for in full as agreed, the copyright, usage and, if applicable, ownership rights are transferred in accordance with the statements under point 12.
- 14 Scope of services and processing of orders
The scope of services of the orders results both from the contract and from the product or service description current at the time the contract was concluded.
Additional and/or subsequent changes must be made in writing.
The drafts/patterns sent by the Future Key Group are binding as soon as they have been approved by the customer.
The contact persons named by the customer must be authorized to sign, especially with regard to the release of budgets, cost estimates, texts and other coordination processes. Restrictions on the authority to sign must be communicated in writing by the customer in good time.
Insofar as the Future Key Group has commissioned third parties, such as printers, within the framework of the contractual relationship to produce and deliver quantities for the customer, the Future Key Group is not liable for excess or short deliveries of up to 10%.
Templates, files and other work materials (in particular negatives, models, original illustrations, etc.) that Future Key Group creates or has created in order to provide the service owed under the contract remain the property of Future Key Group. The Future Key Group is not obliged to surrender or store it.
- 15 Loyalty Bond
The bond of loyalty to the client obliges the Future Key Group to provide objective advice geared towards the client’s objectives and to select third-party companies accordingly, e.g. for production processes. Unless the customer has expressly reserved a say, the selection of third parties takes place in accordance with the principle of a balanced relationship between economic efficiency and the best possible success in the interests of the customer.
- 16 Competitive Disclaimer
The Future Key Group undertakes to inform the customer about possible conflicts of competition with other customers and, upon request, grants exclusion of competition in product and service areas to be specified in detail in favor of the customer.
The granting of an exclusion of competition by the Future Key Group corresponds to the obligation of the client not to commission any advertising agencies in the area of the subject matter of the contract with the consultation, planning, design and implementation of the subject matter of the contract during the unterminated contract with the Future Key Group.
- 17 Placing Orders with Third Parties
The Future Key Group is entitled to carry out the tasks assigned to it itself or to commission third parties to do so.
The Future Key Group is entitled to place orders for the production of advertising material, in the creation of which the Future Key Group has been contractually involved, on behalf of the client, unless the client expressly reserves this right and provides this information to Future Key Group in writing within a period of two weeks from the conclusion of the contract.
If the customer has not made an express declaration within this period of two weeks, his silence shall be deemed to have been granted power of attorney, insofar as he is a merchant within the meaning of the German Commercial Code. The Future Key Group will specifically point out the importance of his behavior and the resulting legal consequences to the customer, who is not a merchant within the meaning of the German Commercial Code, when the contract is concluded.
The Future Key Group issues orders in its own name and for its own account.
If volume discounts or volume scales (a scaled repeat discount that is granted to the advertising company for multiple placements of an (identical) advertising material in the same advertising medium) are used, the client will receive an additional charge if the discount or scale requirements are not met, which is due immediately .
The Future Key Group is not liable for defective services provided by third parties or the advertising media. However, in the event of defective performance, the Future Key Group undertakes to assign its warranty claims against third parties or the advertising medium to the client to compensate for the exclusion of warranty.
- 18 Delivery and Delivery Times
The Future Key Group has fulfilled its delivery obligation as soon as the work and services have been dispatched by the Future Key Group. The customer bears the risk of transmission, e.g. damage, loss, delay, regardless of the medium used for transmission.
Delivery periods and delivery dates are only binding if the customer has properly fulfilled any obligations to cooperate (e.g. procurement of documents, approvals, provision of information, creation of service catalogues/specifications) and the dates have been confirmed in writing by the Future Key Group.
Templates and drafts made available by the Future Key Group are only binding in terms of colour, image, line or sound design if the Future Key Group has confirmed in writing that they can be implemented.
If the Future Key Group is in default with its services, it must first be granted a reasonable grace period. After the grace period has expired without result, the customer can withdraw from the contract. Compensation for damage caused by delay can only be demanded up to the amount of the order value (own work excluding advance work and material).
The delivery period is extended in the event of unforeseen obstacles that are beyond Future Key Group’s control, insofar as such obstacles can be proven to have a significant impact on the delivery of the delivery item. The delivery period is extended according to the duration of such measures and obstacles. The Future Key Group will inform the client immediately of the occurrence and the fact that such an obstacle has been remedied.
Competition law reviews are only tasks of the Future Key Group if they have been expressly agreed.
Deliveries are made at the expense of the Future Key Group. However, this does not include packaging, freight, postage, insurance and other shipping costs. These costs will be charged to the client.
If the customer defaults in accepting the service or if the customer fails to cooperate or delays the cooperation that is incumbent on him, the Future Key Group can charge the customer for the resulting loss of service.
- 19 Terms of Payment, Late Payment
Agreed prices are net prices to which the applicable VAT is added. Artists’ social security contributions, customs duties or other subsequent charges will be passed on to the customer.
External and ancillary costs, such as the cost of hiring photographers, stylists, designers, etc. as well as expenses for telephone, courier, travel expenses, etc. are to be remunerated separately against proof, unless another agreement has been expressly made.
In the case of advertising, the valid list prices of the advertising media on the day of publication are binding.
The fee for services provided by the Future Key Group is to be paid in full and free of charge for the Future Key Group without any deductions such as cash discounts or rebates within seven days (receipt of payment) after invoicing.
The fee is generally to be transferred to the account specified in the business documents of Future Key Group.
The client defaults on payment eight days after invoicing. From this point in time, the Future Key Group will charge default interest of 5% points above the applicable base interest rate, which can be found in the Federal Gazette or on the Internet. If no consumer is involved in the legal transaction, the interest rate is 8% points above the base interest rate.
In addition to default interest, the Future Key Group reserves the right to claim higher default damages.
If the client complains that the order was not properly executed, the payment or, if payment in installments has been agreed, the last installment is only due when the defect complained of has been remedied, if Future Key Group has either recognized it or in the case of a dispute the legitimacy of the complaint is established in the decision concluding the relevant procedure.
For each direct debit that is not redeemed or returned, the client must reimburse Future Key Group for the costs incurred in full. If the customer has given a direct debit authorization, he undertakes to inform the Future Key Group immediately of any change in his bank details.
If the client is a merchant or a legal entity under public law, the withholding of payments due to any counterclaims of the client not recognized by the Future Key Group is not permitted, nor is offsetting against such claims.
In the case of longer projects, the Future Key Group reserves the right to issue partial invoices.
These are intended to delimit the services rendered so far.
In the case of continuing obligations, the Future Key Group reserves the right to change the prices, which will be announced within a reasonable period of time.
In the case of continuing obligations, service fees are to be paid pro rata for the rest of the month, starting on the day the service is provided. Thereafter, these fees are to be paid monthly in advance by the 3rd working day of each month, whereby the client is obliged to grant Future Key Group a direct debit authorization at its request. Fees for parts of a calendar month are calculated at 1/30 of the monthly fee for each day. The Future Key Group can add an additional expense surcharge to the service charges for the following month, which is based on the additional revenue from the previous month (upgrading). Reduced consumption will be charged in the subsequent invoice.
Objections to Future Key Group payroll statements must be raised immediately upon receipt of the invoice, but no later than 2 weeks after the statement or invoice date, without affecting the due date. The omission of timely objections is considered approval.
In the event of default in payment of a not inconsiderable part of the invoice amount or if Future Key Group’s payment claim is at risk, Future Key Group is entitled to make all claims due immediately if, after conclusion of the contract, it becomes apparent that a claim for consideration is based on a lack of The performance of the other part is endangered within the meaning of § 321 BGB.
- 20 Retention of Title
The Future Key Group retains ownership of the delivery items until full payment.
In the event of breach of contract by the customer, in particular default in payment, the Future Key Group is entitled to take back the goods after a reminder and the customer is obliged to surrender them.
- 21 Cancellation Costs, Termination of Contract
If the client unjustifiably withdraws from an order placed, the Future Key Group can demand 10% of the sales price for the costs incurred by processing the order and for lost profit, without prejudice to the possibility of asserting higher actual damages. The client reserves the right to prove that the damage was less.
In the case of continuing obligations without a minimum term, the contractual relationship can be terminated by both contractual partners with a notice period of 4 weeks to the end of the quarter.
The right of the contractual partners to prematurely terminate the respective contractual relationship for important reasons remains unaffected.
The Future Key Group can explain the extraordinary termination to the client, notwithstanding the legal regulations, if the client is in arrears with the payment of two monthly service flat rates due or a significant part of two monthly bills.
All other contractual relationships between the contracting parties remain unaffected by the termination of the contractual relationship for a service.
- 22 Use Rights
Upon settlement of all invoices relating to the order, the Future Key Group transfers to the client all rights of use required for the use of its work and services to the extent agreed for the order. In case of doubt, the Future Key Group fulfills its obligation by granting non-exclusive rights of use in the territory of the Federal Republic of Germany for a limited period of time for the duration of use of the advertising material. Any use beyond this, in particular editing and changing, requires the consent of the Future Key Group.
Rights of use to work that has not yet been paid for in full at the end of the contract or, in the case of billing on a commission basis, has not yet been published, remain with the Future Key Group, subject to other agreements made.
In the case of documents and data that may have to be procured by the client, the client alone is liable if rights, in particular copyrights, are violated by third parties. The customer must indemnify the Future Key Group from all claims by third parties due to such an infringement.
- 23 Copies and Retention
The Future Key Group may make copies of the product for its own advertising purposes and demonstrate them. However, only when the product is used by the customer.
The original image and sound materials (raw data) as well as any materials usually required for additions or changes will be stored by the Future Key Group for two years free of charge. The Future Key Group expressly holds the copyright.
At the end of the three years, the agency or the client must decide, at the request of Future Key Group, whether the material should continue to be stored or destroyed – but from then on this will be subject to a fee.
Documents or production data that have to be stored longer for legal reasons (tax, copyright, image law) are stored and stored by the Future Key Group at its own expense. All rights under copyright law are held by the Future Key Group, the client is granted the right to use the material as intended.
A transfer of copyright is possible in individual cases by means of a written agreement and assumption of costs. This always only touches on a project that is specifically to be named and precisely described. Without this transfer, the copyright for all texts, advertising texts, slogans, advertising material, training material, documents, photos, videos, graphics, audio files, films and animations remains with the Future Key Group.
- 24 Imprint
The Future Key Group can refer to its company in a suitable manner on the contractual products with the consent of the client. The client can only refuse consent if he has a legitimate interest in doing so.
In the case of publications, the film production company is named as the author in the usual way.
- 25 Warranty Media Production
If the client is a merchant, the work and services delivered by the Future Key Group must be checked immediately upon receipt, but in any case within 14 days before further processing, and complaints about defects immediately after discovery. If there is no immediate inspection or notification of defects, the client has no claims.
The Future Key Group is liable for the lack of guaranteed properties within the framework of the statutory provisions. The Future Key Group provides a guarantee for errors that eliminate or reduce the value or the suitability for the usual use or the use stipulated in the contract.
Future Key Group’s warranty obligation is limited to remedying a defect within a reasonable period of time. The customer expressly reserves the right to demand a reduction in payment or cancellation of the contract if the repair fails. A failure in the sense just mentioned is given in particular if the rectification is impossible, if it is seriously and finally refused by the Future Key Group, if it is unreasonably delayed, if it has been tried in vain or if it is requested from the client because of the accumulation the defects cannot be expected.
The warranty period begins with the (partial) acceptance, in other cases as regulated by law. The warranty period is three years from the transfer of risk, without prejudice to the statutory commercial obligation to give notice of defects, unless another written agreement has been made.
- 26 Limitation of Liability Media Production
If the error is based on a circumstance for which the Future Key Group is responsible, the Future Key Group is liable for any damage incurred by the customer within the framework of the statutory provisions.
Further claims for damages of any kind against the Future Key Group, such as culpa in contrahendo, positive breach of contract or tort are limited to cases of intent or gross negligence.
The above limitations of liability also apply to the employees of the Future Key Group.
Claims for damages by the client expire after one year, notwithstanding the provision of § 202 BGB. This does not apply if the Future Key Group acted with malice, gross negligence or intent.
The Future Key Group is not liable for the information transmitted via its services, in particular not for its completeness, correctness or topicality, nor for the fact that it is free of third-party rights, or that the sender in which it transmits the information is acting illegally .
If a damage-causing event occurs on the transmission path of a third-party carrier, the Future Key Group assigns all resulting claims to the customer.
The Future Key Group GmbH is not liable for defects that can be traced back to errors etc. by publishers, radio and television stations and other advertising media facilities. Therefore, the customer has no right to deduct or withhold his performance for these reasons.
The Future Key Group GmbH does not guarantee the success of an advertising measure. All forecast targets are based on estimates and assumptions based on research that has been carried out. No guarantees of success can be given.
Delays in performance and performance due to force majeure and events that make performance significantly more difficult or impossible for Future Key Group – these include in particular strikes, lockouts, official orders, the failure of communication networks and gateways of other operators, service disruptions from third-party carriers, even if they occur at suppliers or subcontractors of the Future Key Group or their subsuppliers, subcontractors or at the operators of sub-node computers authorized by the Future Key Group – the Future Key Group also has binding deadlines and deadlines not to represent. These entitle the Future Key Group to postpone the service for the duration of the delay plus a reasonable start-up time. Otherwise there is a case of impossibility.
Unless other provisions in these terms and conditions exclude liability, liability is excluded for damage caused by the use of Future Key Group services through the transmission and storage of data, and for damage that arose because of the required storage or transmission of data by the Future Key Group is limited to EUR 2,500, unless there is intent or gross negligence.
The Future Key Group hereby informs the client that restrictions or impairments of the services it provides may arise that are beyond the Future Key Group’s sphere of influence. This includes, in particular, the actions of third parties who are not acting on behalf of the Future Key Group, technical conditions of the Internet that the Future Key Group cannot influence, and force majeure. Equally, the hardware and software used by the customer or the technical infrastructure (e.g. DSL connection from another provider) can have an impact on the services of the Future Key Group. Insofar as such circumstances affect the availability or functionality of the service provided by Future Key Group, this has no effect on the contractual compliance of the service provided by Future Key Group.
The Future Key Group regularly carries out maintenance work on its systems to ensure network operation security, to maintain network integrity, the interoperability of services and data protection. For this purpose, it can temporarily stop or restrict its services, taking into account the interests of the client, insofar as objective reasons justify this. As far as possible, the Future Key Group will carry out the maintenance work during off-peak times. If long-term, temporary service suspensions or restrictions are necessary, Future Key Group will inform the customer in advance of the type, extent and duration of the impairment, provided this is objectively possible under the circumstances and the notification would not delay the elimination of interruptions that have already occurred.
The Future Key Group can change its services insofar as this is reasonable for the client, taking into account the interests of the client.
- 27 Right of set-off, reduction and retention, reimbursement
The customer, who is a merchant or a legal entity under public law, can only offset against claims of the Future Key Group with undisputed or legally established claims. The customer is only entitled to assert a right of retention due to counterclaims arising from this contract.
The Future Key Group has a right of retention to all data, templates, manuscripts, materials and other items already provided by the customer until all due claims from the business relationship have been completely settled.
If a significant hindrance lasts longer than two weeks, the client is entitled to reduce the monthly fees accordingly from the time the hindrance occurs until the next termination date. A significant disability exists if
- a) the client can no longer access the Future Key Group infrastructure and can therefore no longer use the services listed in the order confirmation,
- b) the use of these services as a whole is made significantly more difficult or the use of individual services listed in the order confirmation becomes impossible,
- c) there are comparable restrictions.
In the event of service failures due to a disruption outside of the Future Key Group’s area of responsibility, there will be no reimbursement of fees. For the rest, downtimes will only be reimbursed if the Future Key Group or one of its vicarious agents or vicarious agents caused the error at least negligently and the downtime extends over more than one working day. The Future Key Group will inform the customer immediately about the non-availability of the service and immediately refund the relevant consideration.
If the client claims that the services charged to him were not caused by him or third parties for whom he is responsible, he must prove this.
- 28 Secrecy, Confidentiality, Data Protection
The client is hereby, in accordance with § 33 para. 1 of the Federal Data Protection Act and Section 4 of the Teleservices Data Protection Act that the Future Key Group processes his company and address (identity) in machine-readable form and information for tasks resulting from the contract.
The Future Key Group undertakes to keep all information and documents accessible to it in connection with the conclusion of the contract, which are designated as confidential or which are clearly recognizable as business or trade secrets of the client under other circumstances, secret and – if not for the purpose of achieving this of the purpose of the contract – neither to record nor to pass on or exploit.
The Future Key Group has ensured through suitable contractual agreements with its employees and/or agents that they also refrain from any use, disclosure or unauthorized recording of such business and trade secrets.
Corresponding obligations apply to the customer with regard to business and trade secrets of the Future Key Group. This also applies in particular to the ideas and concepts brought to attention during the development phase/collaboration.
The client agrees that personal data (inventory data) and other information relating to his usage behavior (connection data), such as the time, number and duration of the connections, access passwords, uploads and downloads, of the Future Key Group during the period of the contract are stored insofar as this is necessary to fulfill the purpose of the contract. With the collection and storage, the client declares his consent. The Future Key Group also processes and uses the inventory data collected to advise its clients, for self-promotion and for market research for its own purposes and for the needs-based design of its services. The customer can object to such use of his data. The Future Key Group will not forward this data to third parties without their consent. This does not apply insofar as the data is publicly accessible anyway or the Future Key Group is legally obliged to disclose such data to third parties, in particular criminal prosecution authorities, or insofar as internationally recognized technical standards provide for this and the client does not object.
- 29 password
If the client receives an individual “password” for access to the server, he already assures in his own interest that the password will be treated confidentially. The customer carefully manages passwords and other access data and keeps them secret. He is also obliged to pay for those services that third parties use or order using his access data and passwords, insofar as he is responsible for this
- 30 emails
The Future Key Group reserves the right to limit the size of incoming and outgoing messages for e-mails and UMS, insofar as this is reasonable for the client.
The Future Key Group is entitled to delete e-mail messages received on accounts provided, a) after they have been retrieved by the client, b) after they have been forwarded in accordance with the client’s instructions, c) after they have been stored for 60 days.
However, the Future Key Group is not obliged to carry out the deletion. The client himself is responsible for preventing his memory from reaching the capacity limit with the result that further electronic messages are not recorded by deleting it in good time.
The following provisions are also binding for network partners
(1) The following terms and conditions are part of every network partner contract between Future Key Group GmbH, Dessauerstr. 2, D-26683 Saterland-Ramsloh represented by its managing director Mr. Andy Michael Uliczka, resident there (hereinafter: Future Key Group) and the independent and self-employed contractual partner (hereinafter: network partner).
(2) The Future Key Group provides its services to network partners exclusively on the basis of this section of the terms and conditions.
- 31 Subject matter and conclusion of the network partner contract
(1) Future Key Group GmbH is a company that sells high-quality products in different areas in a multi-shop system in Germany and other countries in digital, downloadable (audio & video) and physical form (in the future: goods) as well as sells services. The network partner should sell (mediate) goods for Future Key Group GmbH. The network partner receives a corresponding sales commission for his activity. It is not necessary to recruit other network partners for the aforementioned activity.
(2) In addition to the activity described under (1), the network partner is entitled to win other network partners for the sale of goods and services. For the care and maintenance of the network partner (downline) mediated in this way, the advertising network partner receives a corresponding care commission on their sales. The amount of the commission is based on the net remuneration values applicable at that time and the applicable remuneration plan, including the net values regulated there.
- 32 General requirements for the conclusion of the contract
(1) A contract can be concluded with legal entities, partnerships or natural persons who have reached the age of 18 and are entrepreneurs. It is not possible for consumers (consumers) to conclude a contract. Only one network partner application will be accepted per natural person, partnership (e.g. GbR, OHG, KG) and legal entity (e.g. AG, GmbH, Ltd.). If the network partner is a partnership or a legal entity, then he must provide all the necessary information about this company (such as managing director, registered office of the company, commercial register seat and number) when registering as a network partner. Future Key Group GmbH reserves the right to request copies of the necessary documents such as an excerpt from the commercial register or the articles of association.
(2) In the case of married couples/cohabiting partnerships and their dependent children, provided they live at the same address, only one network partner application per couple and/or family will be accepted.
(3) Insofar as order or order forms are used, these are considered part of the contract.
(4) The network partner is obliged to fill out the network partner application completely and properly and to accept the network partner conditions by pressing the “Save” button before sending the online application. By “saving” the network partner declares that they have taken note of and understood the risk information for network partners. Changes to the personal or company-related data of the network partner must be reported to Future Key Group GmbH immediately in the dashboard under “My data” or in writing by e-mail to the e-mail address firstname.lastname@example.org. Future Key Group GmbH reserves the right to obtain further information from the network partner in individual cases.
(5) The Future Key Group reserves the right to reject network partner applications at its own discretion without giving any reason.
(6) In the event of a violation of the obligations regulated in paragraphs (1), (2) and (4), Future Key Group GmbH is entitled to terminate the network partner contract without prior warning and, if necessary, to reclaim any commissions paid. In addition, Future Key Group GmbH expressly reserves the right to assert further claims for damages in the event of termination without notice.
- 33 Obligations of the network partner
(1) The network partner is obliged to protect his personal passwords and login IDs from access by third parties.
(2) The network partner is prohibited from infringing on the rights of third parties, harassing third parties or otherwise violating applicable law. In particular, the ban on sending unsolicited advertising e-mails, advertising faxes or advertising SMS (spam) and advertising via social media channels also applies. Misuse or taking illegal actions, such as the use of unauthorized or unfair advertising (e.g. promises of success or claims of healing) is prohibited. In particular, the network partner is not permitted to provide false or misleading information about Future Key Group GmbH products or the sales system. The network partner is also prohibited from advertising to third parties about earning potential or information about their commissions, especially in connection with advertising measures.
(3) The network partner acts as an independent entrepreneur. He is not an employee or sales representative, but a network partner, namely an intermediary and/or reseller, so that there are no sales targets or purchase obligations.
(4) As an independent entrepreneur, the network partner is responsible for compliance with the relevant legal provisions, including tax and social law requirements, as well as for obtaining a trade license, if necessary. In this respect, the network partner assures that all commission income that he generates in the course of his work for the Future Key Group will be properly taxed at his registered office. The Future Key Group reserves the right to deduct or demand the respective sum for taxes and duties from the agreed commission, which accrue to it through non-registration of the trade, unless the network partner is not responsible for the non-registration. No social security contributions are paid by the Future Key Group for the network partner. The network partner is not authorized to make declarations or enter into obligations on behalf of the Future Key Group.
(5) The network partner is prohibited from advertising and/or selling additional competitive products (goods) or products/services from other network marketing companies or comparable companies, unless the Future Key Group expressly requests cooperation. Approval for this must be obtained in writing, but can also be revoked in writing by the Future Key Group at any time after it has been granted without giving reasons. The network partner is also not permitted to sell products or services from other companies to other Future Key Group network partners. If the network partner works for several companies that are not competitors at the same time, he undertakes to organize the respective activity (along with his respective downline) in such a way that there is no connection or mixing with his activity for the other company. In addition, the network partner is prohibited from poaching other Future Key Group network partners for the sale of other products. The network partner is also prohibited from violating other network partners or other sales contracts that he has concluded with other companies and whose clauses are still effective by concluding a network partner contract.
(6) Furthermore, cross-lining and attempts to do so within the company are prohibited. Crosslineing means acquiring a natural person, legal entity or partnership who is already a network partner with Future Key Group in another sales line or who has had a network partner contract within the last 12 months. It is also prohibited to use the names of spouses, relatives, trade names, corporations, partnerships, trust companies or other third parties in order to circumvent this provision.
(7) The network partner must maintain absolute secrecy about business secrets of the Future Key Group and about its structure. Business secrets also include, in particular, information on downline activities and the information contained therein. This obligation continues even after the termination of the business partner contract.
(8) The Future Key Group provides legally verified marketing and sales documents for each market (country), which are stored for the network partner in the back office. This protects the network partner from warnings and gives him security. The use, production and distribution of your own sales documents, your own product brochures or other independently created media and advertising material is only permitted with the prior written consent of the Future Key Group, which can always be revoked. The advertising of Future Key Group products via the Internet is only permitted using the stored advertising material and advertising statements. At no point may the network partner provide information about his income or the earning potential of the Future Key Group. In the event that the network partner advertises the goods of the Future Key Group in other Internet media such as social networks (e.g. Facebook), online blogs or chat rooms, he may only use the stored official Future Key Group advertising claims and no information at any point about his income or the earning potential at the Future Key Group. The network partners are always prohibited from selling or otherwise distributing their own marketing and/or sales documents to other network partners of the Future Key Group.
(9) The goods and services brokered by the Future Key Group may be revocably presented and/or sold by the network partners at home parties, online home parties, online network events or in online conferences within the framework of the applicable law. The goods may also be presented by the network partner at trade fairs and trade exhibitions with the prior written consent of Future Key Group. The restriction here is that the network partner may not offer any products from competitors at this trade fair. The products and services brokered by the Future Key Group may only be sold in catering establishments and other shops such as supermarkets or gas stations with the prior written consent of the Future Key Group.
(10) The goods may not be offered at auctions, public and private flea markets, swap platforms, department stores, Internet markets such as eBay, Amazon or comparable sales venues.
(11) In business dealings, the network partner must not give the impression that he is acting on behalf of or in the name of the Future Key Group. Rather, he is obliged to introduce himself as an independent Future Key Group network partner. Internet homepages, stationery, business cards, car lettering as well as advertisements, advertising documents and the like must always have the addition “Independent Future Key Group network partner”. The network partner is also prohibited from applying for and taking out loans on behalf of the Future Key Group for or in the interest of or in the name of the company, incurring expenses, entering into obligations, opening bank accounts, concluding other contracts or making any other binding declarations of intent.
(12) All travel costs, expenses, office costs, telephone costs or other expenses for advertising materials are the responsibility of the network partner.
(13) The Future Key Group enables the network partner to purchase the goods for personal use or for the needs of family members. Under no circumstances may the network partner himself or his family members cause other network partners to purchase larger quantities of products for their own consumption that unreasonably exceed personal use within a household.
(14) In commercial transactions, the network partner is not entitled to name brands of competing companies in a negative, derogatory or otherwise illegal manner, or to rate other companies negatively or derogatory, or to use such negative, derogatory or otherwise illegal evaluations to poach network partners from other companies.
(15) All presentation, advertising, training and film materials etc. (including the photographs) from the Future Key Group are protected by copyright. They may not be reproduced, distributed, made publicly accessible or edited in whole or in part by the network partner without the express written consent of the Future Key Group.
(16) The use of the name, trademarks, work titles and business designations (in future identifiers) of the Future Key Group is only permitted with express written consent. This also applies to the registration of Internet domains that contain an identifier from the Future Key Group in any spelling. Future Key Group can demand that Internet domains that use a Future Key Group identifier and whose use has not been approved in writing by Future Key Group are deleted and/or transferred to Future Key Group.
(17) A natural person, just like a legal person, is only entitled to achieve one position in the career plan.
(18) After termination of his old position, a network partner can register again with the Future Key Group through another recommender. The prerequisite is that the termination and the confirmation of the termination by the Future Key Group for the old position of the network partner date back at least 12 months and the terminating network partner has not carried out any activities for the Future Key Group during this time.
(19) The network partner is not permitted to respond to press inquiries about the Future Key Group, its products and services, the product partners and brand owners of the Future Key Group, the Future Key Group compensation and career plan or other Future Key Group benefits. The network partner is obliged to immediately forward all press inquiries to the Future Key Group.
(20) The network partner may only sell goods for the Future Key Group or acquire new network partners in countries that have been officially opened by the Future Key Group.
(21) The network partner, who is also the referrer, is obliged to support and train his downline. By way of example, but not conclusively, the referrer should instruct his downline in the sales techniques and the goods, explain the rights and obligations, including the submission of all legally relevant contract documents, explain the commission plan and carry out training measures. The recommender does not receive a separate remuneration for this, since he participates in the success of his downline through a corresponding commission.
(22) The network partner is prohibited from selling the goods and services itself or through third parties below the resale price recommended by the Future Key Group.
(23) With regard to the processing of personal data, the network partner is assigned to the Future Key Group acc. Art. 29 GDPR, so that the network partner may only process personal data of the end customer and the network partner mediated by him under the supervision and on the instructions of the Future Key Group, unless the network partner is obliged to process it under Union law or the law of the member states is. The network partner must always process the personal data in accordance with the specifications and instructions of the Future Key Group and ensure that this data is processed, stored and destroyed in full compliance with all applicable data protection regulations, including the GDPR and the new BDSG. In particular, the network partner must inform end customers or recruited network partners about the collection, storage and use (including the purpose of use) of their personal data and, if necessary, obtain written consent for the network partner to continue to use the data (e.g. for the purpose of information about new products) may use. The network partner undertakes to ensure that the personal or customer-specific data of the end customers that become known to him are not passed on to third parties, stored or used beyond the contractual specifications.
- 34 Warning, contractual penalty, damages, release from liability
(1) In the event of a first breach of the network partner’s obligations as set out in Section 33, Future Key Group will issue a written warning, setting a deadline of 10 days for the breach of obligation to be remedied.
(2) If the same or a similar violation occurs after the expiration of the period within the meaning of paragraph (1), or if the originally warned violation is not remedied, an appropriate contractual penalty will be imposed immediately, the amount of which is at the discretion of the Future Key Group and in the event of a dispute to be checked by the competent regional court. For the assertion of the contractual penalty, further legal fees are incurred, which the network partner is obliged to reimburse.
(3) Irrespective of the contractual penalty incurred, the network partner is also liable for all damage incurred by the Future Key Group as a result of a breach of duty within the meaning of Section 33, unless the network partner is not responsible for the breach of duty.
(4) In the event of a claim by a third party due to a violation of one of the obligations regulated in § 33 or another violation of the network partner against applicable law, the network partner shall notify the Future Key Group at the first request of the Future Key Group of the liability free. In particular, the network partner undertakes to assume all costs, in particular legal, court and damage compensation costs, which Future Key Group incurs in this context.
- 35 Network partner protection / no area protection
(1) Any active network partner who has registered a new network partner with the Future Key Group for the first time is assigned the new one in its structure (network partner protection), whereby the date of receipt of the registration application or online registration at the Future Key Group is used for the allocation is applicable. If two network partners claim the same new network partner as advertised, the Future Key Group will only consider the recommender named in the initial registration.
(2) Adherence to the network guidelines is a principle of the Future Key Group distribution system and serves as an indispensable basis for the protection of all network partners. A change of a network partner to another line is not possible unless 100% of the persons affected by this process give their written consent to a change. If a network partner tries to change line through a straw man, a spouse, another relative, a trade name, a corporation, a partnership or a trust company, or to bring about such a network partnership by pretending false facts, this can lead to the loss of the network partnership through immediate extraordinary termination without notice prior warning.
(3) The registering network partner is obliged to transmit the data of the recommender properly and completely. The Future Key Group is entitled to delete the name and address of a network partner from its system if advertising mail and letters are returned with the comments “moved”, “deceased”, “not accepted”, “unknown” or similar and this network partner is not within corrects the incorrect data within a reasonable period of time. If the Future Key Group incurs costs as a result of undeliverable advertising mail and packages, it is entitled to reclaim the costs from this network partner, unless he is not responsible for the defective delivery.
(4) The network partner is not entitled to territorial protection. He is also prohibited from advertising with a territorial protection.
- 36 Advertising material, benefits, data processing
(1) All free advertising material and other benefits from the Future Key Group can be revoked at any time with effect for the future.
- 37 Payment conditions / commission payment modalities / prohibition of assignment
(1) The Future Key Group reserves the right to ask the network partner to provide proof of his tax number and VAT ID as well as the business registration before the first payment of commissions or delivery of goods.
(2) Commissions from the network partner are paid to a business account or giro account specified by the network partner upon conclusion of the contract or stored in the dashboard.
(3) All commission payments result from the applicable career/compensation plan.
(4) The Future Key Group is entitled to assert a right of retention within the scope of the legal requirements. In addition, the Future Key Group is entitled to assert a right of retention due to the payment of commissions if all the necessary documents [see under (1) to (2)] are not available before the first payment. In the event that the Future Key Group exercises its right to withhold commission payments, it is agreed that the network partner is not entitled to claim interest for the period of the commission withholding.
(5) Future Key Group is entitled to fully or partially offset claims that Future Key Group has against the network partner with their commission claims. If a customer’s purchase of goods or services that has already been commissioned is reversed, the commission already paid must be refunded. The refund is made in the month in which the purchase is reversed with the customer, if necessary by offsetting against existing commission claims and deducting the qualifications achieved in the career plan.
(6) The network partner is entitled to offset if the counterclaims are undisputed or have been legally established.
(7) Assignments and pledging of network partner claims from network partner contracts are excluded. The encumbrance of the contract with the rights of third parties is not permitted.
(8) Incorrect commissions, bonuses or other payments must be reported to Future Key Group within 60 days of the incorrect payment. After that time, the commissions, bonuses or other payment will be deemed approved.
(9) The network partner can view his commissions at any time on his dashboard and, if available, call them up.
- 38 Blocking of the network partner
(1) In the event that the network partner does not provide all necessary documents at the request of Future Key Group within 30 days of registration and acknowledgment of the requirements for the payment of commissions, Future Key Group is entitled to temporarily block the network partner within the distribution system until the time the requested documents are provided. The blocking period does not entitle the network partner to extraordinary termination, unless the network partner is not responsible for the blocking.
(2) Claims for commission that cannot be paid out due to the reasons mentioned are booked as a provision within the Future Key Group and become statute-barred at the latest within the statutory limitation periods.
(3) Irrespective of the reasons for blocking mentioned in paragraph (1), Future Key Group reserves the right to block for an important reason. In particular, the Future Key Group reserves the right to block the network partner’s access without notice if the network partner violates the obligations specified in § 32, § 33 and § 43 (2) or other applicable law, or otherwise there is an important reason and the network partner does not remedy the corresponding breach of duty within the period specified in § 34 after a corresponding warning from the Future Key Group. In the event of a violation of the obligations regulated in § 43 (2), the Future Key Group is entitled to block the account without prior warning.
- 40 Duration and termination of the contract and consequences of the termination / death of a network partner
(1) The network partner contract is agreed for an indefinite period and can only be terminated by the network partner in writing with a notice period of one month to the end of the month. The Future Key Group has the right to extraordinarily terminate the network partner contract if the network partner does not make any sales within a period of twelve consecutive months and does not show any activity that is proven by the system.
(2) The network partner contract ends at the latest when the network partner dies or is deleted from the commercial register. The network partner contract can be inherited in compliance with the legal requirements. In principle, a new network partner contract must then be concluded with the heir(s) within 6 months, through which he or she enters into the rights and obligations of the testator. Death must be documented by a death certificate. If there is a will about the inheritance of the network partner contract, a notarized copy of the will must be submitted. After the six-month period has expired without being used, all rights and obligations arising from the contract are transferred to the Future Key Group. Exceptionally, the six-month period is extended by an appropriate length if it is disproportionately short for the heir(s) in the individual case.
(3) Irrespective of the reason for termination in paragraph (1), Future Key Group reserves the right to terminate for an important reason. An important reason exists in particular in the event of a violation of one of the obligations regulated in Section 32, Section 33 and Section 43 (2), if the network partner does not comply with its obligation to remedy the situation within the meaning of Section 34 in a timely manner or after the breach of duty has been eliminated at a later date The same or a comparable violation occurs again at the same time. In the event of a violation of the obligations regulated in § 43 (2), the Future Key Group is entitled to extraordinary termination without prior warning. The right to extraordinary termination exists without prejudice to further claims.
(4) Domains that contain the name “Future Key Group” or a trademark, a business designation or a work title from the Future Key Group may no longer be used after the end of the contract and must be returned to the Future Key Group.
(5) After the termination of a contract, a new contract can only be concluded after a period of at least 12 months has expired.
(6) With the termination of the contract, the network partner has no right to provision and in particular no commercial agent compensation claim, since the network partner is not a commercial agent within the meaning of the German Commercial Code.
- 41 Disclaimer
(1) If the Future Key Group discontinues its sales because it is subsequently determined that the goods or services are not marketable or if the supplier of the Future Key Group discontinues its activities, or the goods or services are no longer available or the goods is only delivered with changed content, the Future Key Group is expressly not liable for this.
(2) Otherwise, the Future Key Group is only liable for damage other than damage to life, limb and health insofar as this is due to intentional or grossly negligent action or culpable violation of a material contractual obligation (e.g. payment of the commission) by Future Key Group, its employees or vicarious agents. This also applies to damage resulting from the breach of obligations during contract negotiations and from the performance of tortious acts. Any further liability for damages is excluded.
(3) Except in the case of injury to life, body and health or intentional or grossly negligent behavior by the Future Key Group, its employees or vicarious agents, liability is limited to the damage that was typically foreseeable at the time the contract was concluded and otherwise to the amount of the average damage that is typical for the contract limited. This also applies to indirect damages, especially loss of profit.
(4) The Future Key Group is not liable for damage of any kind caused by data loss on the servers, except in the case of grossly negligent or intentional fault on the part of the Future Key Group, its employees or vicarious agents. Stored content of the network partners is foreign information for the Future Key Group within the meaning of the TMG.
(5) The provisions of the Product Liability Act remain unaffected.
- 42 Transfer of business operations / transfer of sponsored structure to a third party / transfer of shares in the case of a legal entity or partnership
(1) The Future Key Group is entitled at any time to transfer its business operations in whole or in part to third parties, provided that the legal successor complies with the statutory provisions and the applicable contracts.
(2) The network partner is entitled to transfer its sales structure after the prior written consent of Future Key Group and submission of the purchase and/or transfer agreement with the third party, as well as submission of the third party’s network partner application to Future Key Group, unless Future Key Group has exercised its right of first refusal. If the Future Key Group does not make use of its right of first refusal, consent can only be refused for important reasons. The network partner is obliged to notify the Future Key Group in writing of the intended transfer of its sales structure. After receiving the written notification, the Future Key Group has one month to make use of its right of first refusal. If this does not happen, the transfer is permissible unless there are other important reasons to the contrary. A sale is only possible in the non-terminated relationship. In the event of termination without notice or a violation of these Future Key Group network partner and delivery conditions Germany, the network partner’s right to sell its own sales organization lapses, as well as in the event that the selling network partner still owes money to Future Key Group.
(3) If a legal person or partnership is registered as a network partner, a transfer of the sales structure is only permitted if the requirements of this contract are observed.
(4) If a new legal entity or partnership registered as a network partner wants to take on a new partner, this is possible provided that the previous partner(s) who applied for the network partnership also remain as partners. If a shareholder wishes to withdraw from the legal entity or partnership registered as a network partner or to transfer his shares to third parties, this action is permitted upon appropriate written application, if necessary with presentation of the relevant notarial deeds. If these requirements are not met, the Future Key Group reserves the right to terminate the contract with the legal entity or partnership registered as a network partner.
- 43 Separation/divorce
In the event that a network partner registered as a married couple, legally registered partnership, legal entity or partnership terminates their company internally, only one network partner position remains even after the separation, dissolution or other termination of the aforementioned company. The separating shareholders have to agree internally which shareholder should continue the network partnership and notify the Future Key Group of this in writing. In the event of an internal dispute about the consequences of the separation, dissolution or other termination in relation to the network partnership at Future Key Group, Future Key Group reserves the right to extraordinary termination if such a dispute leads to a neglect of the network partner’s obligations leads to a violation of these network partner and delivery conditions Germany, to a violation of applicable law or to an unreasonable burden on the downline or upline.
- 44 Statute of Limitations
All claims from this contractual relationship expire for both parties within 6 months. The limitation period begins when the claim becomes due or when the damage occurs or when the damage can be identified.
(1) Responsible body for the collection, processing and use of personal data of the network partners is:
Future Key Group GmbH
(2) We collect personal data for the following purposes and legal bases for data processing. We process your personal data in compliance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and all other relevant laws.
(3) We store personal data for as long as it is necessary to achieve the respective purpose of processing or storage is subject to a statutory retention period. We store data that we process on the basis of a given consent until the consent is revoked. We store data that we process to implement a contract for as long as the contractual relationship exists and, if necessary, beyond that if statutory retention periods oblige us to do so. We store data that we process on the basis of our legitimate interests for as long as the interest of the person concerned in the deletion of the data does not prevail.
(4) When registering and as part of the implementation of a contract as a network partner, we process the following personal data:
- Name first Name
- birth date
- E-mail address
- phone number
- IBAN and BIC
- company name
- tax number
- VAT number.
This information is required to establish and implement the contract as a network partner, in particular to process commission payments. The legal basis for the processing of this data is Art. 6 para. 1 p. 1 lit. b GDPR.
(5) The network partner has access to the back office. In this back office, the network partner receives an overview of the orders that he has initiated. For this purpose, the following information is displayed about the persons who have caused the network partner to place the order:
- Order number
- order date
- First name
- Order status and payment status
This information is necessary for the calculation and tracking of commission claims. The legal basis for the processing of this data is Art. 6 para. 1 p. 1 lit. b GDPR.
In addition, the network partner can see a team overview in the back office. There he receives information about the network partners he recruited in his downline. The following information is displayed for this purpose:
- Customer number.
- address type
- First name Name
This information is required to calculate and track commission claims. The legal basis for the processing of this data is Art. 6 para. 1 p. 1 lit. b GDPR.
(6) The data will not be passed on to third parties unless this is necessary to fulfill the contract as a network partner or to protect the legitimate interests of the Future Key Group or unless there is a legal or official obligation to do so.
We also use external service providers (processors) to carry out the contract. Separate order data processing contracts have been concluded with the service providers to ensure the protection of personal data. In addition, third parties who are not processors of the Future Key Group are themselves responsible under data protection law and are obliged to process the data of the network partners in accordance with the GDPR and other applicable data protection regulations.
- a) To calculate the differential commission of the network partners from the upline, the above in para. 5 listed information about the orders as well as the team overview are also displayed to the network partners in whose down-line the network partner is located. For this purpose, the network partners from the up-line receive the following information:
- Customer number.
- address type
- First name Name
This information is necessary for the calculation and tracking of the differential commission of the network partner’s up-line. The legal basis for the processing of this data is Art. 6 para. 1 p. 1 lit. b GDPR.
- b) In order to carry out the delivery, the first name, surname, address, e-mail address and telephone number of the network partner may be forwarded to shipping companies to carry out the delivery.
- c) For payment processing, the payment data of the network partners, namely first name, surname, address, e-mail address, telephone number, date of birth, IBAN and BIC are forwarded to banks or payment intermediaries.
- d) In order to process the accounting, the Future Key Group passes on personal data, namely first name, surname, address, e-mail address and telephone number of the network partners in connection with customer orders and commission statements, to its external accounting service provider.
The data transmission to the persons listed under para. 6 lit. b) – d) named service provider is used to carry out the contractual relationship with the network partner. The legal basis for this data processing is Art. 6 para. 1 p. 1 lit. b GDPR.
(7) Due to commercial and tax law requirements, the Future Key Group is obliged to store the address and payment data of the network partners for a period of ten years. However, the Future Key Group will restrict processing after two years, i. H. the data of the network partners are only used to comply with legal obligations. The legal basis for this storage is Article 6 Paragraph 1 Clause 1 Letter c GDPR. In addition, the data of the network partner will be deleted once the contract as a network partner has been fully processed, which also includes the full payment of the agreed fees.
(8) The network partner has the right:
– To request information on the categories of data processed, processing purposes, any recipients of the data, the planned storage period (Article 15 GDPR)
– to request the correction or completion of incorrect or incomplete data (Article 16 GDPR);
– to revoke a given consent at any time with effect for the future (Article 7 (3) GDPR);
– to object to data processing that is to take place on the basis of a legitimate interest for reasons that arise from his particular situation (Article 21 (1) GDPR);
– in certain cases, within the scope of Art. 17 GDPR, to request the deletion of data – in particular if the data is no longer required for the intended purpose or is being processed unlawfully, or the network partner has revoked its consent or declared an objection;
– to request the restriction of the processing of data under certain conditions, if deletion is not possible or the obligation to delete is disputed (Article 18 GDPR)
– to data transferability, ie the network partner can receive the data that he has provided to the Future Key Group in a common machine-readable format such as CSV and, if necessary, transmit it to others (Article 20 GDPR).
To assert its rights, the network partner can contact the Future Key Group or the data protection officer of the Future Key Group (see contact details at the beginning of the data protection declaration).
Furthermore, the network partner has the right to complain to one of the data protection authorities about the processing at any time. A list of all data protection authorities can be found under the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
- 46 Inclusion of the remuneration system, the commission plan, the marketing plan / consent to the transfer of personal data
(1) The remuneration system, the commission plan and the career plan are also part of the network partner contract, which the network partner confirms as well as acknowledgment of the aforementioned documents by sending the fully completed application form electronically. The network partner must always comply with these specifications in accordance with the currently valid version.
(2) Furthermore, the data protection declaration (cf. § 15) is also expressly part of this contract, which the network partner confirms by sending the fully completed application form electronically. By sending the fully completed application form electronically, the network partner consents to the transfer of their personal data within the Future Key Group and to the business partner’s direct recommender line.
(3) The Future Key Group is entitled to change the remuneration system and the career plan at any time. The Future Key Group will announce changes with a reasonable period of notice. If the network partner does not agree to the changes, it has the right to terminate its contract after the announcement until the change comes into force. If he does not cancel his contract within four weeks after the change comes into effect, the network partner automatically accepts the change.
- 47 Consent to Use Photographic and Audiovisual Material
The network partner grants the Future Key Group the right, free of charge, to record or implement photographic and/or audio-visual material with his or her likeness, voice recordings or statements and quotations from him within the scope of his function as a network partner.
The following is binding for all contractual partners
- 48 Governing Law/Jurisdiction
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. Mandatory provisions of the state in which the network partner has his habitual residence remain unaffected.
(2) If the network partner is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, or moves his place of residence abroad after conclusion of the contract, or his place of residence is not known at the time the action is filed, the place of jurisdiction and the Place of fulfillment Seat of the Future Key Group.
- 49 Final Provisions/ Severability Clause
(1) The Future Key Group is entitled to change the network partner and delivery conditions at any time. The Future Key Group will announce changes with a reasonable period of notice. The network partner has the right to object to the change. If he does not object to the changed conditions within one month after notification, these become part of the contract. In the event of an objection, the Future Key Group is entitled to terminate the contract at the point in time at which the amended or supplementary terms and conditions are to come into force.
(2) For the rest, changes or additions to all conditions must be in writing. This also applies to the lifting of the writing requirement.
(3) If a clause of these conditions is ineffective or incomplete, the entire contract should not be ineffective. Rather, the ineffective clause should be replaced by one that is effective and comes closest to the economic meaning of the ineffective clause. The same should apply when closing a gap that requires regulation
(4) E-mails are deemed to have been delivered when they have been accepted by the addressee mail server. Messages and data are only encrypted or signed if expressly agreed in writing.
(5) The Future Key Group is entitled to include META information in the pages it has created and/or modified, which in particular relates to author designations and trademarks in the broader sense as well as copyright and ancillary copyrights. In case of doubt, such information will not be regarded by the contracting parties as editorial processing of the documents. An assumption of editorial responsibility is not associated with the inclusion of this META information. If the Future Key Group is or will be legally obliged to store information openly or as META data on Internet pages, the Future Key Group is at its own discretion if the client does not comply with the Future Key Group’s request within a reasonable period of time or “Imminent danger” is present, entitled to deposit this information without the express consent of the customer, insofar as it is known to the Future Key Group, or, until the information has been legally deposited by the customer, to remove the Internet pages from the network .
- 50 Dispute Resolution Information
(1) The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr
(2) The Future Key Group always strives to settle any differences of opinion arising from the contractual relationship in an amicable manner. However, the Future Key Group does not take part in proceedings at a state-approved consumer arbitration board. The legal process is open at all times.
Terms and Conditions as of May 2020 Version 2.0