GTCs of contract
General terms and conditions of contract
Preamble / Ethical Rules
On behalf of our company, we would like to welcome you as a new commercial contractual partner (in future partner) and wish you the best possible success in your activity as an independent partner of JeTaSo GmbH, Höhenweg 17, 49170 Hagen a.T.W., represented by its managing directors Ms. Figen Sommer, Mr. Stefan Sommer and Mr. Wouter J. Peters, all resident there (hereinafter: JETASO), and above all much enjoyment in the sale of our goods. In the distribution of our goods and the contact with other people, consumer friendliness and safety, seriousness, fair cooperation with each other and in the entire environment of network marketing, party sales or other direct sales, as well as the preservation of laws and good morals, are always unalterably in the foreground for us.
Therefore, we would like to ask you to read the following ethical rules very thoroughly, as well as our General Contractual Partner Conditions and to make the guidelines your daily guiding principle for carrying out your activities.
Ethical rules for dealing with consumers
- Our partners provide honest and sincere advice to consumers and clarify any misunderstandings about goods, business opportunities, or other statements made during a consultation.
- In personal and telephone contact with the consumer, the partners shall introduce themselves truthfully and without being asked to do so by name and as partners of JETASO at the beginning of the sales talk. They shall also disclose the business purpose of their visit or call at the beginning of the sales conversation and make clear which goods or services are to be offered.
- At the consumer's request, a sales talk is dispensed with, the conversation is postponed or a conversation that has begun is broken off in a friendly manner.
- Partners shall never behave in any intrusive manner. In particular, visits and telephone contacts shall take place at reasonable times, unless the consumer has explicitly requested otherwise. The partners shall only call a consumer for advertising purposes with the consumer's prior express consent. The caller's telephone number must be provided.
- During contact, the partner informs the consumer about all points concerning the goods offered and - at the consumer's request - the distribution opportunity.
- All information about the goods must be comprehensive and truthful. A Partner is prohibited from making misleading statements or even promises in any form about the Goods.
- A partner may not make any claims about goods, their prices, or contractual conditions unless these have been released by JETASO.
- Partners will only refer to letters of recommendation, test results, or other persons for business purposes vis-à-vis the consumer if they are authorised by both the reference provider and JETASO, these must be accurate and not outdated. Letters of recommendation, tests, and personal references must also always be related to the intended purpose.
- The consumer will not be induced to purchase products by dubious and/or misleading promises, nor by promises of special advantages if these advantages are linked to future, uncertain successes. The partners will refrain from anything that could determine the consumer to accept the offer made merely in order to do the supplier a personal favour, to end an unwanted conversation or to enjoy an advantage that is not the subject of the offer or to show gratitude for the granting of such an advantage.
- A Partner shall not make any disclosures concerning its compensation or the potential compensation of other Partners. Further, a Partner shall not guarantee, promise, or otherwise create expectations of compensation.
- Partners show consideration for commercially inexperienced persons and do not under any circumstances take advantage of their age, illness, or limited capacity to understand to induce them to conclude a contract.
- In the case of contacts with so-called socially weak or foreign-language groups of the population, the partners shall show due consideration for their financial capacity and their ability to understand language and, in particular, shall refrain from doing anything that could induce members of such groups to place orders that do not correspond to their circumstances.
Ethical rules for dealing with partners
- Partners always treat each other fairly and respectfully. The aforementioned also applies to dealings with partners of other competitors or other network marketing companies, party sales companies, or other direct sales companies.
- New partners shall be truthfully informed about their rights and obligations. Information on possible turnover and acquisition opportunities shall be omitted.
- No verbal assurances may be made about JETASO's goods and services.
- Partners are not allowed to poach partners from other companies. Furthermore, partners are not allowed to persuade other partners to change a sponsor within JETASO.
- The obligations of the following General Contractual Partner Terms and Conditions must always comply at the same time as ethical rules.
Ethical rules for dealing with other companies
- The partners of JETASO always behave fairly and honestly towards other competitors or other companies in the network marketing sector, party sales, or other direct sales.
- Systematic poaching of partners from other companies is refrained from.
- Disparaging, misleading, or unfair comparative statements about goods or distribution systems of other companies are prohibited.
Preceded by these ethical rules of our company, we would now like to familiarise you with the General Contractual Partner Conditions of JETASO.
§ 1. Jurisdiction
(1) The following General Contractual Partner Terms and Conditions are an integral part of every partner contract between JeTaSo GmbH, Höhenweg 17, 49170 Hagen a.T.W., represented by its managing directors Ms. Figen Sommer, Mr. Stefan Sommer and Mr. Wouter J. Peters, all resident there (hereinafter: JETASO), email contact:
(2) JETASO provides its services exclusively based on these terms and conditions.
§ 2. Subject matter of the contract
(1) JETASO is a company that sells high-quality nail care products, cosmetic goods, and other consumer services, in particular from the health, beauty, and lifestyle sector (in future: goods) via a direct sales concept. The Partner shall resell the Goods for JETASO at its choice so that for this case the provision of the resale of the Goods forms the basis of the business of a Partner or act as an intermediary to broker the Goods so that for this case the provision of the brokerage of the Goods forms the basis of the business of a Partner. For this activity, it is not necessary that the Partner makes financial expenditures in addition to the annual licence fee (see § 6), that the Partner purchases/acquires a minimum number of goods or other services from JETASO or that the Partner recruits other Partners. Only registration is required. For the Partner's activity, the Partner receives a corresponding margin from the difference between the purchase price and the sales price from the resale of the goods to Customers or a brokerage commission according to § 14 for the brokerage of sales of goods to end or Premium Customers or to other Partners from his sales partner team via his JETASO (Premium) Customer webshop (all aforementioned Customers are hereinafter also referred to collectively as "Customers").
(2) In addition, there is the possibility, but not the obligation, to recruit other Partners. For this activity, the recruiting Partner receives a corresponding commission on the product turnover of the recruited Partner if the required qualification is achieved. However, no commission is paid for the mere advertising of a new Partner. The commission as well as the manner of payment shall be determined by the remuneration plan in force at that time.
(3) With the successful registration, JETASO provides the Partner, in addition to training and personalised advertising tools, with an online Backoffice together with a landing page including a right of use within the meaning of § 6 (1), which enables the Partner, among other things, to have a constantly up-to-date and comprehensive overview of his generated sales, commission claims, settlements as well as the Partner and sales partner team developments, as well as the Partner having the possibility to acquire a starter set without being obliged to do so.
§ 3. General requirements for the conclusion of the contract
(1) A conclusion of contract is possible with corporations, partnerships, or with natural persons who have reached the age of 18 and are entrepreneurs in possession of a trade certificate (e.g. trade licence) (if required). Consumers can't conclude a contract. Only one partner application is accepted per natural person, partnership (e.g. GbR, OHG, KG), and corporation (e.g. AG, GmbH, Ltd.), just as a natural person is not entitled to register additionally as a Partner of a partnership or corporation or otherwise indirectly several times.
(2) If a corporation submits a Partner application, the corresponding extract from the commercial register on the registration as well as the VAT identification number and, if not available, the tax number must be submitted in copy. All Partners and, if applicable, the Partners of the Partners, if a Partner is also a corporation or a partnership, must be named, be at least 18 years old and sign the application. The Partners are each personally liable to JETASO for the conduct of the corporation.
(3) In the case of partnerships, the relevant extract from the commercial register on the registration as well as the VAT identification number - if available - must be submitted in copy. All Partners and, if applicable, the Partners of the Partners, if a Partner is also a corporation or a partnership, must be named, be at least 18 years old and sign the application. The Partners are each personally liable to JETASO for the conduct of the partnership.
(4) Insofar as order or purchase order forms are used, these shall be deemed to be an integral part of the contract.
(5) The Partner may register online with JETASO for the commencement of his activity as a Partner. During the registration, the Partner is obliged to fill in the partner application completely and properly and then send the application to JETASO in the given way. In addition, the Partner accepts these General Terms and Conditions of Contract as having been taken note of and accepts them as part of the contract by actively ticking the appropriate box.
(6) JETASO reserves the right to reject partner applications at its discretion without any justification.
(7) In the event of a breach of the obligations regulated in paragraphs (1) to (3) and (5) sentence 2, JETASO is entitled to terminate the Partner Contract without notice without prior warning. In addition, JETASO expressly reserves the right to assert further claims for damages in this case of termination without notice.
§ 4. Status of the partner as an entrepreneur
(1) The Partner acts as a self-employed and independent entrepreneur. In this respect, the parties agree that the Partner is initially active on a part-time basis. He is neither an employee nor a commercial agent, franchisee, or broker of JETASO. There are no turnover targets, acceptance, or other activity obligations. Except for the contractual obligations, the Partner is not subject to any instructions from JETASO and bears the complete entrepreneurial risk of his business activities including the obligation to bear all his business costs. The Partner has to set up and operate his business - as far as necessary - in the sense of a prudent businessman, which also includes - as far as necessary - the operation of his own offices or a workplace managed in the sense of a prudent businessman.
(2) As an independent entrepreneur, the Partner is responsible for complying with the relevant legal provisions, including the requirements of tax and social law (e.g. obtaining a VAT identification number or registering its employees with the social insurance, as well as obtaining a trade licence, if required). In this respect, the Partner assures to duly pay tax at his domicile on all commission income earned in the course of his activities for JETASO. JETASO reserves the right to deduct from the agreed commission the respective amount for taxes and duties or to claim damages or reimbursement of expenses incurred by JETASO due to a breach of the aforementioned requirements unless the Partner is not responsible for the damage or expense. No social security contributions are paid by JETASO for the Partner.
§ 4a. Country status
(1) JETASO reserves the right to assign the countries/territories in which the Partners address customers based on this contract to a certain status, which is accompanied by separate rights and obligations for the partner; the respective current status of a country can be viewed on the official website of JETASO. For this purpose JETASO may make the following assignment:
a) Country status A
Countries with "Country Status A" represented a market officially opened by JETASO. The classification of a country into "Country Status A" is made once JETASO has achieved a minimum total turnover of 20,000 EUR over 3 consecutive months. Partners who wish to serve customers in a country with "Country Status A" are entitled to make direct product re-sales as well as product referrals via the JETASO (Premium) Customer webshop. Furthermore, Partners in countries with "country status A" receive the following services: Tickets and Happy Lexica in the local language; website, Backoffice, career magazine, and career plan brochure in local language (print and digital); book "Network Marketing Professional in 30 days" in local language (print).
b) Country status B
Countries with "Country Status B" did not represent a market officially opened by JETASO. The classification of a country into "Country Status B" is done for countries where JETASO achieves a total monthly turnover of up to 20.000,- EUR. Partners who wish to serve customers in a country with "country status B" are not entitled to make direct product re-sales, but may only make product referrals via the JETASO (Premium) Customer webshop. Furthermore, partners in countries with "country status B" receive the following services: Tickets in English, Happy Lexica in the local language; website, Backoffice, Career Magazine, and Career Plan brochure in the local language (digital only); book "Network Marketing Professional in 30 days" in the local language (print).
(2) The classification, as well as the change of a classification once made to a country status, is at the sole discretion of JETASO; in particular, the Partner is not entitled to the classification of a country to a particular country status.
(3) JETASO reserves the right to change the requirements for the assignment of a country to a country status, as well as the content of the individual country statuses.
§ 5. Voluntary contractual revocation instruction
You register with JETASO as an entrepreneur and not as a consumer, so you are not entitled to a statutory right of cancellation. Nevertheless, JETASO grants you the following voluntary 14-day contractual right of cancellation.
Voluntary right of cancellation
You may revoke your contractual declaration in text form (by letter or email) within 14 days without stating reasons to the address or email address stated in § 1. The period begins with the transmission of the Partner application. To comply with the cancellation period, it is sufficient to send the cancellation in good time (date of the postmark/the email).
Consequences of cancellation
After your revocation, you can return all unopened and resalable goods and other chargeable services obtained as a Partner to JETASO against reimbursement of the full payments made for them. The return has to take place at the expense and risk of the partner. After receipt of the returned goods and inspection of the same for faultlessness, and products are unopened and resaleable, the purchase price shall be refunded at 100 %.
A Partner can re-register with JETASO through another sponsor after the revocation of his old position. The prerequisite is that the revocation of the Partner's old position was at least 12 months ago and the revoking partner has not performed any activities for JETASO during this time.
§ 6. Use of the Backoffice and landing page/ licence fee
(1) Upon registration, the Partner acquires the right to use the Backoffice and the landing page (non-modifiable replicated website) made available to him for the first 12 months.
(2) The right to use the Backoffice and the landing page made available to the Partner is a simple, non-transferable right of use relating to the specific Backoffice and the landing page; the Partner has no right to change, edit or otherwise redesign the Backoffice and the landing page and no right to grant sub-licences.
(3) For the use as well as for the maintenance, administration, support, and care of the Backoffice and the landing page JETASO charges an annual non-provided licence fee which amounts to € 39.00 net.
§ 7. Responsibilities of the partner
(1) The Partner is responsible for protecting his passwords and login IDs from access by third parties and must notify JETASO immediately of any changes to his contractual data.
(2) The Partner is prohibited to violate competition law in his activities, infringing the rights of JETASO, its partners, affiliated companies, or other third parties, harassing third parties, or otherwise violating applicable law, as well as political, religious, or discriminatory statements of any kind are prohibited. In particular, the prohibition of unauthorised telephone advertising and the sending of unsolicited and non-consented advertising emails, advertising faxes, or advertising text messages (spam) as well as social media spam or other unauthorised forms of messages also applies.
(3) Special advertising guidelines
(a) The partner is only allowed to give true information about his income or the earning possibilities at JETASO and not to put his own income into the advertising foreground. It is forbidden to advertise one's activities for JETASO or to make use of cheques, Backoffice statements, or any other actions to advertise one's income, just as it is forbidden to brag about one's wealth and/or to use "status symbols" (e.g. luxury cars, houses or watches) in advertising material when recruiting new Partners. Rather, there is always the obligation to explicitly point out to potential partners in the course of initiation talks that earning an income is only possible through very intensive and continuous work.
(b) Sales and marketing actions must not simulate commissions which are to be understood as "bounty" or other commissions in connection with the mere recruitment of a new partner or otherwise undertake actions that create the appearance that the advertised distribution system is an illegal distribution system, namely an illegal progressive pyramid scheme or pyramid scheme or otherwise a fraudulent distribution system. The impression must not be given that the purchase of goods is necessary for a partner to act for JETASO.
(c) Sales and marketing activities shall not be directed at minors or inexperienced persons and shall under no circumstances take advantage of their age, illness, or limited capacity to understand in order to induce consumers to conclude a contract. In the case of contacts with so-called socially weak or foreign-language groups of the population, the partners shall take appropriate account of their financial capacity and their ability to understand and comprehend the language and, in particular, shall refrain from doing anything that could induce members of such groups to place orders that are not in line with their circumstances.
(d) No distribution and marketing activities shall be undertaken that are inappropriate, illegal, unsafe, or put undue pressure on the selected consumers.
(e) Partners will only refer to letters of recommendation, test results, references, or other persons for business purposes vis-à-vis the consumer if they are officially authorised by both the reference provider and JETASO and if they are accurate and not outdated. Letters of recommendation, tests, and personal references must also always be related to the intended purpose.
(f) The consumer will not be induced to purchase goods by dubious and/or misleading promises, nor by promises of special advantages if these advantages are linked to future, uncertain successes. The partners will refrain from anything that could determine the consumer to accept the offer made merely to do the supplier a personal favour, to end an unwanted conversation or to enjoy a benefit that is not the subject of the offer, or to show gratitude for the granting of such a benefit.
(g) A Partner shall not represent that JETASO's compensation plan or goods are approved or authorised or endorsed by any governmental authority or deemed legally sound by any law firm.
(h) Due to strict regulations regarding advertising of dietary supplements and cosmetic products, only the promotional material offered on the JETASO website or in the Backoffice or elsewhere should be used. Any customer currently undergoing medical treatment should be advised to check with their doctor before making any changes to their diet. No statements regarding the safety of the products, their therapeutic effects, or healing properties may be made in the course of the activities and advertising unless these are officially approved by JETASO and/or are reflected in the official advertising material of JETASO. In addition, Partners must not suggest that JETASO products can be used to treat, prevent, diagnose or cure any disease. JETASO further prohibits any statement regarding medical effects of JETASO products. For example, the Partner may not claim that JETASO goods help in the treatment of diabetes, heart disease, cancer, or other diseases. No scientific publications, literature, or testimonials written by doctors or scientists regarding JETASO goods or their ingredients may be used or published.
(4) The use, production, and distribution of own websites, sales documents, sales concepts, price lists, product samples, own product brochures, video content, audio content, or other independently created sales or advertising material, as well as the modification of the landing page provided to the Partner are only permitted with the prior express written consent of JETASO, which is at the free discretion of JETASO.
(5) JETASO's goods may be revocably presented and sold by the Partner in one-on-one or multiple face-to-face meetings, home parties, online home parties, online networking events, and/or online conferences, to the extent permitted by applicable law.
(6) The Partner is always prohibited from selling or otherwise distributing its own marketing and/or sales materials, training or lead generation tools, or other services related to the JETASO business to other partners of JETASO.
(7) The goods may also be presented by the Partner at trade fairs and trade exhibitions with the written consent of JETASO.
(8) The Partner must not give the impression in business dealings that he is acting on behalf of or in the name of JETASO or its Partner company Bionail UG. Rather, he is obliged to present himself as an "Independent JETASO Partner". Internet homepages, stationery, business cards, car lettering as well as advertisements, advertising documents, and the like must in principle show the addition "independent JETASO Partner" and may not contain the sign JETASO and/or the trademarks, work titles, business designations and other signs of JETASO without prior express written consent. Furthermore, the Partner is prohibited from applying for and taking up loans, making expenditures, entering into obligations, opening bank accounts, concluding other contracts, or otherwise making binding declarations of intent in the name of JETASO or its Partner company Bionail UG for or in the interest of or in the name of the aforementioned companies. The Partner is neither granted power of collection nor a power of attorney to represent JETASO or its partner company Bionail UG towards third parties. Likewise, the Partner shall not be liable for the fulfillment of the obligation arising from a brokered transaction.
(9) In business dealings, the Partner is not entitled to name brands of competing companies negatively, disparagingly, or otherwise unlawfully or to evaluate other companies negatively or disparagingly, or to use negative, disparaging, or otherwise unlawful evaluations to entice away Partners of other companies.
(10) All presentation, advertising, training and film materials, product labels, etc. (including photographs) of JETASO are protected by copyright. They may not be reproduced, disseminated, made publicly accessible, or edited, either in whole or in part, by the Partner without the prior explicit written consent of JETASO, beyond the contractually granted right of use.
(11) The use of the JETASO trademark and/or the trademarks, work titles and business designations, and other trademarks of JETASO are also only permitted with explicit prior written consent. This also applies to the registration of internet domains. JETASO can demand that internet domains, which use the name JETASO and/or the trademarks, work titles and business designations, and other distinctive signs of JETASO and the use of which has not been approved in writing by JETASO, are deleted and/or transferred to JETASO. The pure takeover costs of the provider but not other costs or a licence or other compensation for the domain will be taken over by JETASO in case of takeover. Furthermore, it is prohibited to register own trademarks, work titles, or other industrial property rights, which contain a trademark, product name, work title, or business designation of JETASO, which may be registered or otherwise protected in another country/territory. The aforementioned prohibition applies to identical as well as similar signs or goods. Finally, the refilling and/or repackaging of JETASO's goods is also prohibited.
(12) A partner can re-register with JETASO after the termination of his old position. The prerequisite is that the termination and the confirmation of the termination by JETASO for the old position of the Partner at least 12 months ago and the terminating Partner has not performed any activities for JETASO during this time.
(13) The Partner is not permitted to respond to press enquiries about JETASO, its goods, the JETASO compensation plan, or other JETASO services. The Partner is obliged to forward all press enquiries to JETASO without delay.
(14) The Partner commits himself - as far as possible - to ensure that the customer data obtained through sales performance are used exclusively within the scope of his activity for JETASO and in particular are not forwarded and/or used to other third parties or for services of third parties.
(15) The Partner may only promote and distribute services for JETASO or acquire new Partners in those states which have been officially opened by JETASO. It is not allowed to act as a JETASO branch, importer, exporter, or similar in a state or to establish corresponding business enterprises.
(16) Partners may not give gifts or other benefits to employees of JETASO.
(17) JETASO allows the Partner to purchase the goods for business resale purposes and for personal or family use; to the extent that the Partner purchases goods for personal or family use, the commercial resale of such goods is not permitted. Under no circumstances may the Partner, himself or herself, or his or her family members or other Partners, cause products to be purchased or held in stock in larger quantities that unreasonably exceed the usual business stockpiling required and the personal use within a household. By placing a new order for goods, the Partner warrants that at least 70% of the previous order has been consumed for business purposes in the context of resale or in the context of product presentations/tastings or personal consumption and that no more than 30% of stock from the last order is still in its warehouse. The Partner must retain the corresponding receipts for at least four years, irrespective of tax law retention obligations, to be able to prove compliance with the aforementioned 70 % rule.
(18) The Partner will notify JETASO of the location, time, and content of promotional events aimed at the general public in good time before the invitation is published. JETASO can demand changes or also the abandonment of the event if this is necessary in the interest of the company and the JETASO sales organisation together with its members.
(19) The use of toll telephone numbers to market JETASO's activity or products is not permitted.
(20) The Partner is obliged to notify JETASO immediately and truthfully of any violations of the rules of the General Partner Terms and Conditions and the JETASO Code of Conduct as well as all other provisions of the company.
§ 7a. Internet Guidelines
Insofar as the Partner also sells the JETASO products via the Internet, the following principles apply:
(1) Use of own websites
a) All Partner websites for marketing and advertising JETASO goods or the JETASO sales opportunity and Partner sponsorship must comply with the provisions of these Corporate Guidelines, must not infringe any third party rights, and must comply with all relevant legal requirements. They must be submitted to JETASO in advance for review and may only be used in connection with the Partner's activities for JETASO if they have been approved in advance by JETASO. Partners must link their website to the official JETASO website https://jetaso.eu/ which is designed and maintained by JETASO. In particular, the websites must meet the following requirements:
- The websites are intended to motivate the end consumer to seek advice from the trained Partners within the framework of personal consultations using appropriate notices or contact options to maintain the JETASO principle of personal sales of goods even when selling via the Internet. In particular, on the websites of the Partners, in addition to their names, the address and the other necessary communication data, via which a personal consultation can take place, are to be named.
- The websites must comply with the high-quality claims of JETASO products, the JETASO distribution system, and the prestigious image of JETASO and its brands. In case of using product photos, only the official JETASO product photos may be used. Furthermore, only the official product and other advertising statements specified by JETASO may be used for the respective products; deviating advertising statements are not permitted without separate approval. The websites must contain comprehensive information on JETASO's products and depict JETASO's entire product range in high-quality
- The websites must correspond to the current state of the art, which includes in particular a fast page layout and a customer-friendly user interface
- The websites must comply with the requirements of applicable law, in particular consumer information, data protection, and competition law, which includes, among other things, the provision of a correct Impressum and a data protection statement (by the General Data Protection Regulation)
- In addition to JETASO products, no goods of other competitors may be advertised or otherwise offered on the website, as otherwise, a dilution of the image and brands of JETASO is to be feared
b) Each PARTNER shall be granted the opportunity to sell products on the internet via a landing page with a connected online shop personalised to the independent PARTNER and provided by JETASO, which should be used in the interest of the Partner to avoid significant expenses. Websites of the Partners which comply with § 7a paragraph (1) a) may be linked to the online shop of the respective Partner. If the SUPPLIER wants to sell the products via its own online shop, this is only allowed after prior permission by JETASO.
c) Online sponsorship of Partners by means of electronic signature or an online form is only permitted if it is done via a link to the official JETASO websites https://jetaso.eu/
d) Partners may not use the name "JETASO" or any word, figurative and/or word/figurative marks, business designations, work titles as well as the product names used by JETASO protected in favour of JETASO or its affiliated companies for the URL of their own website.
e) The website of a Partner must clearly indicate that it is the website of an independent Partner and that the Partner is not an employee, commercial agent, or other representative of JETASO or one of the companies affiliated with JETASO.
f) The sale via eBay, Amazon, and comparable internet trading platforms does not, according to the current state of affairs, subject to conflicting mandatory legal regulations, the design of these formats and the possibility of product presentation there, satisfy the high-quality JETASO requirements applicable to internet sales in § 7a paragraph (1) a) - e). This applies all the more since eBay, Amazon, and comparable internet trading platforms do not offer sufficient possibilities to represent the entire product range of JETASO in the high-quality and to incorporate the characteristic of personal advice which is immanent to JETASO sales, just as the suppliers on eBay, Amazon, and comparable internet trading platforms are often only identifiable after the order has been placed, which also cannot meet the high standard of JETASO. In addition, on eBay, Amazon, and comparable internet trading platforms, it is not possible to sufficiently check in an economically reasonable manner whether the product photos and advertising statements correspond to the official advertising statements of JETASO. For this reason, the sale of JETASO products via eBay, Amazon, and comparable internet trading platforms is currently not permitted.
(2) ElektronElectronic advertising / social media advertising
a) Any form of electronic advertising for JETASO goods must comply with JETASO's advertising guidelines (e.g. banners or display ads). Online banners or display ads must be submitted to JETASO for approval before they are placed on the net and must lead the user to the website of JETASO or the website of the Partner. For any kind of electronic advertising, the conditions of these General Contractual Partner Terms and Conditions and the other contractual regulations shall apply.
b) The following keywords may not be included in Google AdWords ads, Google AdSense and Sponsored Links, or other advertising placements - in whatever form (so-called blacklist):
or any other variation of the name of JETASO or its associated companies or combinations with these company names.
(3) If the Partner advertises the services of JETASO in other Internet media, such as social networks (e.g. Facebook, YouTube, Twitter, or Instagram), online blogs, or chat rooms (e.g. WhatsApp, Telegram, or Snapchat) he/she may only ever use the official JETASO advertising statements, must identify himself/herself in an easily recognisable manner with his/her full name (anonymous postings or postings made under a pseudonym are prohibited) and may not at any point advertise employment with JETASO as an employee or similar or make untrue/misleading/exaggerated/inappropriate statements about his/her income or earning potential with JETASO [see also § 7 paragraph (3) (a)], just as he may only carry out social media advertising within the framework of his own private social media channels on an incidental and additional basis and may not create professional social media business presences without prior permission. Before commissioning his own professional social media presence and/or channel, the Partner is obliged to send the social media presence and/or channel to JETASO for review and prior written or email consent by JETASO. A sale of the services of JETASO may only take place via the official online shop or an internet shop of the Partner expressly otherwise approved by JETASO. The Partner is obliged to insert a corresponding link to the official online shop or an internet shop expressly otherwise approved by JETASO in its social media presence and/or channel if a sale of services is to take place via this.
(4) It is always prohibited to carry out advertising measures on websites of third parties, in forums, in chat groups, on blog pages and/or other internet platforms for JETASO goods, their distribution system or other services, which deal with gambling, pornography, other erotic contents, political contents, religious contents, discriminating contents, fake news or otherwise with immoral or illegal contents and/or topics.
§ 8. Non-competition clause / poaching
(1) The Partner is permitted to distribute goods and/or services for other companies, including marketing companies, party sales companies or other direct sales companies even if they are competitors.
(2) Regardless of the permission formulated in paragraph 1, the Partner is not allowed to distribute products or services of other companies as well as advertising materials and comparable contents for the operation of the JETASO business to other JETASO Partners.
(3) Insofar as the Partner is simultaneously active for several companies, including network marketing companies, party sales companies, or other direct sales companies, he undertakes to organise the respective activity (together with his respective sales partner team) in such a way that no connection or mixing with his activity for the other company occurs. In particular, the Partner may not offer products other than JETASO at the same time at the same place or in the immediate vicinity or on the same website, Facebook page, other social media platform, or internet platform.
(4) Furthermore, the Partner is prohibited from soliciting other JETASO Partners for the distribution of other products.
(5) The Partner is also prohibited from violating other Partners or other distribution agreements that it has concluded with other companies and whose clauses still have effect by concluding a Partner Agreement.
§ 8a. Non-competition clause for Partners from the level of "Senior President“
(1) By way of derogation from § 8, once the Partner has reached the "Senior President" level in the JeTaSo career plan, it is prohibited to advertise and/or distribute additional competitive products (services) or to participate directly or indirectly (e.g. via straw men) in a competing company offering services which are the same or similar to those of JeTaSo, or to promote or support such a company in any other way.
(2) The above-mentioned prohibitions regulated in (1) shall continue to apply for two years after termination of this contract. JeTaSo can waive this obligation of post-contractual compliance with the prohibitions regulated in (1) in the event of its termination by JeTaSo at the latest with the termination of the contract and in the event of a termination of the contract by the partner within two weeks after the termination of the contract by written notification to the Partner or shorten the duration.
§ 9. Non-disclosure
The Partner shall maintain absolute confidentiality about trade secrets of JeTaSo and its structure. The business secrets include in particular the Customer and Partner data, as well as the information on the activities of its sales partner team and the information contained therein, as well as training, seminars, and other events of JeTaSo and communication within the framework of internal Facebook groups. This obligation shall continue for 5 years after termination of the distribution partner agreement.
§ 10. Partner protection/prohibition of cross-line sponsoring and bonus manipulation
(1) Every active Partner who acquires a new Partner for the first time for the distribution of JETASO's products shall be allocated the new partner in his structure according to the compensation plan and the placement requirements regulated therein (partner protection), whereby the date and time of the receipt of the registration application from the new Partner by JETASO shall apply for the allocation. The possibility of changing the " sitting position " of a directly or indirectly sponsored partner is not possible.
(2) JETASO is entitled to delete all personal data including the email address of a sponsored Partner from its system if advertising mailings, cover letters, or emails with the notes "moved", "deceased", "not accepted", "unknown" or similar are returned and the newly recruited Partner or the sponsor does not correct the incorrect data of the newly recruited partner within a reasonable period of 14 days. If JETASO incurs costs due to the undeliverable advertising mailings and packages, it is entitled to claim back the costs, unless the incorrect delivery was not your fault.
(3) Furthermore, crossline sponsoring and also the attempt thereof within the company is prohibited. Crossline sponsoring means the acquisition of a natural person or corporation or a partnership that is already a Partner of JETASO in another sales line or has had a Partner contract within the last 12 months. In this respect, it is also prohibited to use the name of a spouse, relative, trade name, corporation, partnership, trust, or another third party to circumvent this provision.
(4) Bonus manipulations are prohibited. This includes in particular the sponsoring of Partners who do not carry out the JETASO business (so-called straw men), as well as open or disguised multiple registrations, insofar as this is prohibited. It is also prohibited to use the name of a spouse, relative, trade name, corporation, partnership, trust, or another third party to circumvent this provision. It is also prohibited to induce third parties to sell or purchase goods to achieve a better position in the remuneration plan, to manipulate the group bonus, or otherwise bring about a bonus manipulation.
§ 11. Warning, contractual penalty, damages, exemption from liability
(1) In the event of a first breach of the Partner's obligations regulated in § 7, a written warning shall be issued by JETASO setting a deadline of 10 days for the rectification of the breach of obligations. The Partner undertakes to reimburse the warning costs, in particular the lawyer's fees incurred for the warning.
(2) Express reference is made to § 16 paragraph (2), according to which JETASO is liable for a breach of the duties regulated in §§ 4a para. (1), 8, 8a, 9 and 10 (3) and (4), 18 (3) and 19 as well as in the case of a particularly serious breach of the duties regulated in § 7, 7a, other applicable contractual or statutory law, JETASO is entitled to extraordinary termination without prior warning but is also entitled to take the measures according to § 11 (1) at its discretion in the case of a first-time breach of duty. Regardless of the immediate extraordinary right of termination regulated in § 16 paragraph (2), JETASO has the right to issue a warning in the sense of paragraph (1) in individual cases in the event of one of the above-mentioned breaches of duty at its free discretion before issuing the extraordinary termination, also with a shortened remedial period.
(3) If the same or a similar violation occurs again after the expiry of the deadline for remedy set by the warning or if the originally warned violation is not remedied, a contractual penalty at the discretion of JETASO and to be reviewed by the competent court in the event of a dispute shall immediately become due. For the enforcement of the contractual penalty further lawyer's fees are incurred which the Partner is obliged to reimburse.
(4) Regardless of the forfeited contractual penalty, the Partner shall also be liable for all damages incurred by JETASO due to a breach of duty by the Partner, unless the Partner is not responsible for the breach of duty.
(5) In the event of a claim by a third party due to a breach of one of the contractually regulated obligations or any other breach of applicable law by the Partner, the Partner shall indemnify JETASO from liability upon the first request of JETASO. In particular, the Partner undertakes in this respect to bear all costs, in particular lawyer's fees, court costs, and costs for damages, which JETASO incurs in this connection.
§ 12. No territorial exclusivity
The Partner is not entitled to territorial exclusivity.
§ 13. Advertising material, benefits
All free advertising material and other benefits from JETASO can be revoked at any time with effect for the future.
§ 14. Remuneration, commissions, and accounting
(1) For his activity, the Partner generates as remuneration the difference between the Partner purchase price and the recommended sales price, if he acts as a reseller (margin), or commissions for successful product referrals, if he refers sales of goods to Customer or Premium Customers or to other Partners from his sales partner team via his JETASO (premium) Customer Webshop. Furthermore, the Partner receives a commission on the product sales turnover of his sales partner team if the required qualifications are achieved. All commission claims result from the respective valid compensation plan of JeTaSo, which the Partner can view and access in his Backoffice. With the generation of the margin or payment of commission, all costs of the Partner for the maintenance and execution of his business are covered, insofar as they are not separately contractually agreed upon. In addition, the Partner has the option of qualifying for the JeTaSo Retirement Program upon reaching 50,000 Team Career Points, whereby the decision on participation is at the discretion of JeTaSo; the JeTaSo Retirement Program is set up individually for each Partner and requires a separate contractual agreement between the Partner and JeTaSo.
(2) A successful product brokerage in the sense of (1) of this contract only exists if the contractual relationship via the JETASO (Premium) Customer Webshop between the Customer or Premium Customer or Partner and JeTaSo has effectively come into existence and the respective referred contractual Partner has not effectively revoked its application for the conclusion of a contract vis-à-vis JeTaSo, in particular, according to the provisions on distance selling law or according to the voluntary right of revocation for Partners. Furthermore, a claim for commission-only arises when the payment on the part of the respective brokered contractual Partner is credited to the account of JETASO and all other payment requirements are met.
(3) A claim to commission shall not arise in particular if:
- the respective arranged contractual partner makes use of his right of revocation,
- the contract is legally contested by the relevant arranged contracting party,
- the order has been placed unlawfully,
- JETASO refuses to accept the order,
- Incorrect and/or incomplete orders are submitted.
Furthermore, in cases of fraudulent referral, either by fraudulent or abusive measures of the respective referred contractual Partner, the Partner, or his vicarious agents, no claim to commission shall arise.
(4) JETASO reserves the right to request the Partner before the first payment of commissions and at any time thereafter to prove his identity (or in case of corporations or partnerships the identity of the acting person(s)) by sending a copy of the identity card or passport as well as the trade licence (trade certificate) via email (as PDF) or post to JETASO. In case of corporations or partnerships (if registered in the commercial register) or registered merchants JETASO reserves the right to additionally submit a copy of the current excerpt from the commercial register (not older than one month). If the Partner has not provided proof of his business licence at the latest by reaching a cumulative commission turnover of € 500.00 net, his commission credit on his Partner eWallet will be "frozen" (no more payouts are then possible) until he has provided proof.
(5) The Partner will initially be registered as a small trader with JETASO. He will inform JETASO immediately under notification of his tax number and presentation of a confirmation of the tax office responsible for him, as soon as he opts for the payment of turnover tax (value-added tax) within the scope of his commercial activity or exceeds the small business limits.
(6) Commissions of the Partner shall be paid out in real time to its Partner eWallet; the Partner eWallet is an internal commission clearing account. A prerequisite for the payment of commission to the Partner eWallet is that JeTaSo has received a successful payment from the respective buyer referred via the JETASO (Premium) Customer Webshop. The Partner may use the credit balance on the Partner eWallet at any time to pay for his/her goods orders with JeTaSo. The Partner can independently transfer the commission credit available on his partner eWallet to his deposited bank account under the following conditions:
a. The Partner eWallet has a credit balance of at least EUR 50, and
b. The 21-day reservation period has elapsed without revocation or cancellation by the respective buyer. The reservation period begins with the receipt of the goods by the buyer. For buyers who are Partners of JeTaSo, the reservation period only runs for the first order of goods. The Partner can view the respective status of the reservation period at any time in his Partner eWallet.
At monthly intervals, the Partner receives a summary of all transactions made and commissions paid out that were recorded on his Partner eWallet in the previous month.
(7) The contracting parties agree that no claims to a higher commission than the one on which this contract is based exist or can be asserted. The commission shall cover all claims of the Partner, in particular all travel costs, expenses, office costs, telephone costs, or other expenses for advertising materials, as well as all other costs in connection with the performance of the contract. With the payment of the remuneration according to (1) furthermore, all services of the Partner are compensated, in particular also for the production and maintenance of the Partner's customer base as well as the resulting future market potential and exist in the sense of an advance payment for this, so that in the event of termination of the contract by whichever party for whatever reason, no compensation and/or compensation claims for whatever legal reason are to be made by JETASO. Explicit reference is made to § 16 (5).
(8) JETASO is entitled to assert a right of retention within the framework of the legal requirements. Furthermore, JETASO is entitled to assert a right of retention due to the disbursement of commissions if not all contractually or legally required documents are available before the first disbursement. In the event of the exercise of the right of retention of commission payments on the part of JETASO, it is deemed agreed that the Partner is not entitled to any interest claim for the period of the commission retention.
(9) JETASO is entitled to set off claims which JETASO is entitled to against the Partner with the Partner's commission claims in whole or in part. The Partner is entitled to a set-off if the counterclaims are undisputed or legally binding, unless otherwise expressly agreed.
(10) Assignments and pledges of claims of the Partner arising from Partner contracts are excluded unless mandatory law precludes this. The burdening of the contract with the rights of third parties is not permitted, insofar as this does not conflict with mandatory law.
(11) The Partner shall check the statements issued as soon as possible and notify JETASO of any objections without delay. All commission claims result from the respective valid compensation plan, which the Partner can call up in his Backoffice and which can be viewed in the Backoffice. Incorrect commissions, bonuses, or other payments must be reported to JETASO in writing within 60 days of the incorrect payment. After this time, the commissions, bonuses, or other payments shall be deemed approved.
§ 15. Suspension of the Partner
(1) In the case that the Partner does not provide the requested evidence [see e.g. § 14 paragraph (4)] within 30 days after becoming aware of the requirements for the payment of compensation or commission advances or other payment, JETASO is entitled to temporarily block the Partner in the JETASO system until the time of the provision of the required documents. The period of blocking does not entitle the Partner to extraordinary termination and does not give rise to a claim for repayment of the starter set already paid for or any other claim for damages unless the Partner is not responsible for the blocking.
(2) For each case of a reminder for unprovided documents etc. in the sense of (1) after the announcement of the suspension, JETASO is entitled to compensation for the costs required for this reminder.
(3) Compensation or commission advances or other payments, which cannot be paid out due to the reasons mentioned or due to the regulation of § 14 paragraph (4) last sentence, shall be booked by JETASO as a non-interest-bearing provision and shall become statute-barred within the statutory limitation periods at the latest.
(4) Irrespective of the reasons for blocking mentioned in paragraph (1) JETASO reserves the right of blocking for an important reason. JETASO especially reserves the right to block the access of the Partner to the Backoffice and other systems of JETASO without observance of a term, if the Partner violates the duties mentioned in §§ 7 - 9 and § 10 paragraphs 3 and 4 or other applicable law. The blocking remains in force until the elimination of the breach of duty upon a corresponding warning by JETASO. In case of a serious breach of duty, which leads to the extraordinary termination of the contractual relationship, the blocking remains permanently in place.
§ 16. Term of the Contract, Termination of the Contract
(1) The Partner Contract shall be concluded for an indefinite period. It may be terminated by either party with one month's notice to the end of the month; after reaching the position of "Senior President", the Partner Contract may be terminated by either party with three months' notice to the end of the month; after reaching the position of "Senior President 50K", the Partner Contract may be terminated by either party with six months' notice to the end of the month. Irrespective of the reason for termination within the meaning of sentence 2, JETASO shall have a separate right of termination if the Partner does not renew its annual licence within the meaning of § 6 (3) and does not pay the licence fee payable in advance. To renew the licence, the Partner shall receive a notification of this in the Backoffice 30 days before its expiry with the offer to renew it (and pay the licence fee) for a further year. If the Partner does not extend the licence until its expiry, access to the Backoffice shall be restricted for a further 14 days and shall only be made available for the extension and the licence for payment of the subsequent licence fee with simultaneous temporary blocking of access to the JETASO (Premium) Customer Webshop. In case of renewal of the licence and payment of the subsequent licence fee within these 14 days, the licence shall be deemed to be renewed for one year and full access to the Backoffice shall be restored with simultaneous unblocking of access to the JETASO (Premium)Customer Webshop. If the Partner does not renew his licence even after the expiry of these 14 days, this contract shall be terminated by means of a notice of termination sent by email and the Partner shall be managed by JETASO as a Premium Customer in the future.
(2) Regardless of the reason for termination in (1), both parties have the right to terminate the Partner Contract extraordinarily for good cause. An important reason for termination by JETASO is furthermore a breach of one of the obligations regulated in § 7 with which a Partner does not comply with his obligation to eliminate within the meaning of § 11 paragraph (1) or if after the elimination of the breach of obligation the same or a comparable breach occurs again at a later point in time. In case of a breach of the obligations regulated in §§ 8, 9, and 10 (3) and (4), 18 (2) or 19 as well as in case of a particularly serious breach of the obligations regulated in § 7 or other applicable contractual or statutory law JETASO is entitled to extraordinary termination without prior warning. Furthermore, there is an extraordinary reason for termination for each party if insolvency proceedings have been opened against the other party, the opening has been rejected for lack of assets, or the other party is otherwise insolvent, or has made an affidavit of insolvency in the course of execution. The right to extraordinary termination exists without prejudice to further claims.
(3) After the termination of a contract by ordinary termination, a new conclusion of the contract is possible after at least 12 months. In the event of termination of the contract by transfer of the structure by § 18 (3), registration under the former structure/ organisation is no longer possible.
(4) Upon termination of the contract, the Partner shall no longer be entitled to commission. This does not apply to contracts already successfully arranged at that time. The entitlement to these commissions remains unaffected. Furthermore, the Partner shall not be entitled to a commercial agent's compensation claim upon the termination of the contract, as the Partner is not a commercial agent within the meaning of the German Commercial Code by § 4 (1).
(5) Terminations shall only be accepted in written form, whereby an ordinary termination can also be made by email.
(6) If a Partner simultaneously claims other services of JETASO independent of the Partner Contract, these services remain unaffected by the termination of the Partner Contract in force unless the Partner explicitly requests their termination with the cancellation. If the Partner continues to purchase services from JETASO after the termination of the contract, he will be managed as a normal premium customer.
(7) IF THE PARTNER CONTRACT IS TERMINATED BY THE PARTNER WITHIN THE FIRST THREE MONTHS AFTER HIS REGISTRATION, HE MAY, WITHIN ONE MONTH AFTER RECEIPT OF THE NOTICE OF TERMINATION, SELL AND RETURN TO JETASO GOODS ACQUIRED AGAINST PAYMENT DIRECTLY AT JETASO WITHIN THE FRAMEWORK OF THE PARTNERSHIP, WHICH ARE UNUSED, FREE OF DEFECTS AND RESALABLE, TAKING INTO ACCOUNT THE FOLLOWING REGULATION, AND THE PARTNER WILL BE REFUNDED 75 % OF THE NET COSTS, WHEREBY THE RETURN/ SHIPMENT OF THE GOODS IS AT THE PARTNER'S EXPENSE AND RISK. IF YOU HAVE BEEN A PARTNER FOR MORE THAN THREE MONTHS, YOU WILL NOT BE ABLE TO RETURN THE GOODS. FOR GOODS, THE RIGHT OF REPURCHASE SHALL ONLY APPLY IF, IN ADDITION TO THE AFOREMENTIONED PREREQUISITES FOR THE REVERSAL - IF ANY - THE BEST-BEFORE DATE IS STILL AT LEAST 12 MONTHS AT THE TIME OF THE RETURN AND THE GOODS ARE UNOPENED. THE RETURN SHIPPING COSTS AS WELL AS THE COSTS INCURRED IN CONNECTION WITH THE RETURN SHIPMENT WILL BE DEDUCTED FROM THE PURCHASE PRICE TO BE REFUNDED IF ANY. FURTHERMORE, IF THE PARTNER HAS RECEIVED A COMMISSION ON THE RETURNED PURCHASE. AND THIS COMMISSION IS TO BE REFUNDED, THE SAME WILL BE DEDUCTED FROM THE REFUNDED PURCHASE PRICE. THE REFUND WILL BE MADE - AS FAR AS POSSIBLE - IN THE SAME PAYMENT METHOD AS THE PAYMENT PREVIOUSLY MADE BY THE PARTNER.
(8) In the event of termination of this contract, there shall be no entitlement to reimbursement of the costs of the licence fee, unless the Partner has validly terminated the contract extraordinarily for good cause.
§ 17. Data protection obligations of the partner
The Partner is prohibited from disclosing, storing, or using the personal or customer-specific data of the end customers of which it becomes aware to third parties beyond the contractual rights and/or specifications.
§ 18. Transfer of the business / transfer of the sponsored structure to third parties / death of the Partner
(1) JETASO may transfer all or part of its business operations or individual assets to third parties at any time, provided that the acquirer complies with applicable law.
(2) If a new corporation or partnership registered as a Partner wishes to admit a new partner, this is possible up to a maximum of 20 % of the partnership shares, provided that the previous partner(s) who applied for the contractual partnership also remain partners. If a Partner wishes to withdraw from the corporation or partnership registered as Partner or if the shares of one or more Partners in the amount of more than 20 % are to be transferred to third parties, this action is only permissible upon corresponding written application, if applicable, under presentation of the corresponding notarial deed and in accordance with the provisions of this contract only after prior written consent, which is at the discretion of JETASO. JETASO will charge an administrative fee of €25.00 for processing the aforementioned application. If this requirement is not complied with, JETASO reserves the right to terminate the contract of the corporation or partnership registered as Partner for the cause.
(3) The Partner shall only be authorised to transfer its distribution structure after the conclusion of the supplementary agreement for executives and by the provisions regulated therein.
(4) The partner contract ends at the latest with the death of the partner. The partner contract may be inherited in compliance with the legal requirements. A new Partner Contract must be concluded with the heir(s) within 6 months after the occurrence of the death, by which he/she/they enter into the rights and obligations of the deceased. If the heir or one of the heirs is already registered as a natural person with JETASO as a Partner, then, since only one position in the marketing plan may be awarded per natural person, the heir must give up his/her previous position in the marketing structure of JETASO or, if the requirements of § 18 (3) are met, he/she must transfer one of the two future marketing structures to a third party by § 18 (3). The death shall be evidenced by a death certificate. If there is a will concerning the inheritance of the partner contract, a notarised copy of the will shall be submitted. After the unused expiry of the six months, all rights and obligations arising from the contract shall pass to JETASO. Exceptionally, the six months shall be extended by a reasonable length if it is disproportionately short for the heir(s) in the individual case.
(5) If a Partner wishes to carry on business in the future under a different name, through a corporation, partnership, as a married couple, as a registered civil partnership, or for any other reason, this is only possible upon application, whereby JETASO is entitled at its discretion to reject the application.
§ 19. Separation / Dissolution
If a Partner registered as a married couple/registered partnership, corporation, or partnership terminates its partnership internally, it shall apply that even after the separation, dissolution, or other termination of one of the aforementioned partnerships, only one partner position shall remain. The separating spouses/members/Partners shall agree internally by which spouse/member/partner the contractual partnership is to be continued and notify JETASO of this by means of a written notification signed by both parties and certified by a notary or by submitting a corresponding court order. In the event of an internal dispute regarding the consequences of separation, divorce, dissolution, or other termination of the contractual partnership with JETASO, JETASO reserves the right of extraordinary termination if such dispute results in a neglect of the Partner's duties, a breach of these General Contractual Partner Conditions, a violation of applicable law or an unreasonable burden on the downline or upline.
§ 20. Consent to the use of photographic and audiovisual material, use of recordings of materials and presentations
(1) The Partner grants JETASO free of charge the right to record or perform photographic and/or audiovisual material with his likeness, voice recordings, or statements and quotes from him within the scope of his function as Partner. In this respect, by submitting the Partner application and taking note of these General Contractual Partner Terms and Conditions, the partner expressly consents to the publication, use, reproduction, and modification of his quotes, recordings, or recordings.
(2) A Partner is not permitted to make audio, video, or other recordings of JETASO sponsored events, conference calls, speeches, or meetings for sales, personal, or business use. A Partner may also not record, make or compile audio or video presentations or recordings of JETASO events, speeches, conference calls, or meetings without the prior written consent of JETASO.
§ 21. Data protection regulations
The data protection regulations of JETASO apply, which the Partner can call up here and which he also confirms as acknowledged and accepted as part of the contract by sending his partner application.
§ 22. Disclaimer
(1) JETASO is only liable for damages other than those resulting from injury to life, body, and health, insofar as these are based on intentional or grossly negligent actions or a culpable breach of an essential contractual obligation (e.g. payment of commission) by JETASO, its employees or vicarious agents. This also applies to damages resulting from the breach of duties during contract negotiations as well as from the performance of tortious acts. Any further liability for damages is excluded.
(2) Except in the case of injury to life, body, and health or intentional or grossly negligent conduct of JETASO, its employees, or vicarious agents, the liability is limited to the damages typically foreseeable at the time of the conclusion of the contract and otherwise to the amount of the average damages typical for the contract. This also applies to indirect damages, in particular loss of profit.
(3) JETASO is not liable for damages of any kind caused by data loss on the servers, except in case of gross negligence or intentional fault of JETASO, its employees, or vicarious agents.
(4) Content of the Partner secured at JETASO is foreign information for JETASO in the sense of Telemedia law and/or other applicable law.
§ 23. Inclusion of the Compensation Plan
(1) The JETASO Compensation Plan and the specifications contained therein are also expressly part of the Partner Contract. The Partner must always comply with these specifications in accordance with the respective valid version.
(2) By sending the application for the partnership to JETASO, the Partner also affirms that he has taken note of the JETASO compensation plan and accepts it as part of the contract.
§ 24. Limitation of actions
(1) All claims arising from this contractual relationship shall become statute-barred for both parties within 12 months, insofar as this is legally permissible. The limitation period shall commence when the claim becomes due or at the time when the claim arises or when the claim becomes recognisable. Statutory regulations that mandatorily provide for a longer limitation period shall remain unaffected.
§ 25. Applicable law/place of jurisdiction
(1) The law of the registered office of JETASO shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the Partner has his habitual residence remain unaffected.
(2) If the Partner is a merchant, a corporation under public law or a special fund under public law or does not have a general place of jurisdiction in Germany or transfers his place of residence abroad after conclusion of the contract or his place of residence is not known at the time of filing the action, the place of jurisdiction and the place of performance shall be the registered office of JETASO.
§ 26. Final clauses
(1) JETASO is entitled to change this contract, these General Terms and Conditions, its prices, commissions, and/or the remuneration plan if this is necessary for economic reasons or legal changes. JETASO shall announce changes with a period of notice of at least two months before the change comes into force with a concrete designation of the future contract change in the back office of the Partner. The Partner has the right to object to the amendment or to terminate the contract in text form without observing a notice period as of the effective date of the amendment. In case of objection, JETASO is entitled to terminate the contract properly. If the Partner does not terminate the contract or does not object to the change until the change comes into force, the changes come into force from the date stated in the change notice. JETASO is obliged to point out to the Partner the significance of his silence in the change announcement made in the Backoffice.
(2) In all other respects, amendments or supplements to these General Terms and Conditions of Contract must be made in writing. This also applies to the waiver of the written form requirement.
(3) If these General Terms and Conditions of Contract are translated into another language and there is any inconsistency in any provision between the German and the translated version of the General Terms and Conditions of Contract, the German version shall always prevail.
(4) If a clause of these General Terms and Conditions of Contract is invalid or incomplete, the entire contract shall not be invalid. Rather, the ineffective clause shall be replaced by a clause that is effective and comes closest to the economic meaning of the ineffective clause. The same shall apply in the event of the closure of a loophole requiring regulation.
Status of the General Contractual Partner Conditions: 01.06.2022