Rules for Business Partners 2016 - Art. No. 0209004DE © 2013 by PM-International AG · An der Hofweide 17 · DE-67346 Speyer · 0209004DE4413P4
1. Legal position of the Business Partners
1.1 The business partners, who are independently in business, seek income through sale of PM’s products.
1.2 In connection with its sales efforts the Business Partner in his or her own name can sell PM’s products to end customers who have their products sent from PM’s offices (Direct Customer Program). The Business Partner can also pass on new Business Partners to PM.
1.3 The Business Partner has no obligation for activity and individually determines the place, working method, time, and scope of activity. The Business Partner operates on his or her own responsibility and independently runs the business and controls the costs it involves. Operating independently, the Business Partner is him or herself responsible for all statutory obligations (business registration, tax on income, value added tax, insurance).
1.4 The Business Partner carries on his or her sales activity in the form of supplemental income. As soon as this changes it must be reported to PM.
2. Beginning and end as Business Partner
2.1 The status of Business Partner depends on a completely and legibly filled out Business Partner Application. It is legally valid as soon as it is approved by PM. PM will immediately give notification of approval of the application.
2.2 During the first 30 days of the status as Business Partner, the new Business Partner can withdraw from the agreement in writing without giving a reason. If the Business Partner withdraws from the agreement, he or she can return all products to PM and get the paid sums refunded in their entirety. All advertisement material is excluded from reimbursement.
2.3 The status as Business Partner is valid for an unlimited time and can be terminated in writing at an time with any delay only in accordance with current law. The right to termination in case of essential breach remains unaffected. If the Business Partner violates the rules for a Business Partner with respect to 4.1, 4.2, and 5.2, PM will view this as an important reason for termination.
2.4 In case of death the status as Business Partner will be transferred to the spouse, a child, or parent if a written application is sent for this and if this is done in agreement with all survivors. The survivor of a Business Partner must accept PM’s rules for Business Partners in their current version and PM must give written acceptance. There can be only essential reasons for non-acceptance by PM.
3. The Business Partner’s claim on a bonus
3.1 The Business Partner has the right to a bonus for mediation of new end customers in the customer direct program and for incorporation, training, and help for registered Business Partners. Prerequisites and amount of the bonus are described in PM’s Marketing Plan in its current version. PM will ensure that the Marketing Plan uniformly covers all Business Partners.
3.2 PM settles accounts for bonuses every month. Settlement is done with respect to § 13 B / German tax law for value added tax. Value added tax is not included in the account (Reverse Charge Accounting). Payment must be made before the 20th of the following month. If the monthly settlement of the bonus amounts to a sum that is under € 5, the bonus will not be paid and the claim lapses.
3.3 The Business Partner gives express permission for transfer of the payment to an account with consideration of information from the Business Partner and for calculation of the bonus. The appurtenant settlement of bonus accounts will be carried out by PM-International AG, Germany. The settlement will be sent by email. If the Business Partner wishes to have the notice in letter form, there is a fee of NOK 25.
4. Other sales activities by the Business Partner
4.1 Without prior written consent from PM, the Business Partner does not have the right to be active with a competitor of PM. Businesses competing with PM are all businesses that offer goods or services in personal direct sales or via a network marketing system. The same holds for all businesses where the products are in complete or partial competition with PM.
4.2 The Business Partner is obligated to keep all approved sales activities with other businesses completely separate from his or her activities with PM. It is not permitted to refer to his or her activity with PM or status as a PM Team Partner. It is not permitted either to offer goods or services from other businesses in combination with PM’s products. It is not permitted either to motivate other Business Partners from PM to purchase goods or services from other companies or to motivate them to activity along with or instead of their activities with PM.
5. Purchase and sale of PM’s products
5.1 The Business Partner orders and receives PM’s products exclusively from PM International Norge AS. It is not allowed to purchase PM’s products from other Business Partners.
5.2 The Business Partner sells PM’s products exclusively via direct sale to the end customer. Sales via stores, markets, fairs, internet auctions, and similar sales arrangements are not permitted.
5.3 The Business Partner is obligated to take back sold PM products from end customers if they so desire. The time limit for returns is 30 days. The customer is not obligated to cite a reason for return of goods (PM satisfaction guarantee). The customer can with return of goods choose between exchange of goods, a credit note or refund of the paid sum.
5.4 The Business Partner him or herself chooses how many goods he or she wants to order. PM has no requirement of minimal purchase. Return of purchased goods is regulated with respect to PM’s return rules (see also www.pm-international.com)
5.5 All orders from Business Partners are according to a price list from PM that is valid at the time of the order. Shipping and processing fees are not included in the price, to the extent that they are calculated. PM operates on the basis of pre-payment. PM accepts credit cards, cash, direct payment from the payer’s account, bank transfers, and payment by collection as payment forms.
5.6 A third party outside the EU may be involved in handling orders, purchases, and other inquiries. Comparable data provisions cannot apply here. In such circumstances personal and transaction-based data are transferred with respect to the EU standard agreement provisions by the EU Commission.
6. Further obligations by the Business Partner
6.1 The Business Partner always acts independently and operates the businesses under his or her own responsibility. He or she is not allowed to appear to be employed at PM and all information is given on the basis of one’s own responsibility.
6.2 PM is a member of the Direct Sales Association. The Business Partner must adhere to the rules of the Association for its members.
6.3 All statements by the Business Partner regarding PM and PM’s products must be in agreement with PM’s guidelines, especially information in the product catalog, the product labels, and further product information. It is not permitted to ascribe therapeutic or restorative effects to PM’s products.
6.4 A Business Partner may not change PM’s products or their packaging or allow a third party to make changes. It is permitted to attach labels with the Business Partner’s contact information as long as no essential information is rendered illegible.
6.5 The Business Partner may, when he or she advertises for PM or for sale of PM’s products, use only product information, sales material, and sales help, and - to the extent that advertisement and sales are done on the internet - use the means of advertising and the net page that PM makes available. The Business Partner may in his or her own advertisements or net pages not use PM or PM’s products or brands or other branded products from PM as tools. PM’s guidelines for use of the internet apply that can be read at www.pm-international.com.
6.6 If the Business Partner violates one or more of rules 4.1, 4.2, 5.1, 5.2, 6.3, 6.4, and 6.5, this will result in a penalty under the agreement that will be evaluated from case to case by PM, depending on the significance of the violation and the Business Partner’s income from PM. Further requirements, and special requirements in connection with compensation, are not affected if an agreement penalty is levied.
6.7 Every Business Partner must, when he or she recruits new Business Partners, adhere to normal laws and regulations and to the custom and practice in the direct sales branch. Any form of “spamming” and systematic recruiting of dealers who are active in other networks are expressly forbidden. If this rule is violated, it will be followed up by PM. The ultimate consequence is termination of the Business Partner relationship. PM’s guidelines can also be read on the home page www.pm-international.com.
7. Line protection
7.1 PM has fundamental protection of sponsor lines. A Business Partner who has terminated his or her Business Partner relationship can be registered again by filling out the Business Partner Application again and a) be sponsored by his or her original sponsor or b) wait 12 months for a new registration. A Business Partner who has not had turnover for 12 months (inactive Business Partner) will have his or her Business Partner number removed and can re-register by filling out the Business Partner Application again. He or she cannot be registered again with the same sponsor but may freely choose a sponsor.
7.2 Line protection also applies to customers in the customer direct program (cf. point 7.1). Line protection for customers is valid for 6 months.
7.3 Spouses may each have a Business Partner Number. It must be ensured that one partner is exclusively in the first line before the other partner. Children and other close relatives (with legal permission to trade) may only be registered in the sponsor’s first line.
8. Final provisions / changes
8.1 The legal venue for disputes in connection with this agreement is PM-International AG, Speyer, Germany.
8.2 PM also recognizes registrations by email or fax.
8.3 PM will inform the Business Partners in writing of changes in the rules for Business Partners. The changes apply as approved if the Business Partners do not petition in writing within 3 weeks. PM will provide information on this in writing at the same time as the new rules are put into practice.
8.4 “I am in agreement with PM’s obtaining credit information on me and that my personal data are registered automatically, stored, managed, and used to the extent that this is necessary for the Business Partner relationship.”
Rules for Business Partners of PM International AG (PM), edition of November 2016.
PDF-Version to Download and Print