|Siberian Health||Following the present rules, Siberian Health GmbH is the seller of the products registered under the Siberian Wellness (Siberian Health) trademark, offering mostly food products, dietary supplements, food supplements and cosmetic products.|
|End consumer||End consumer of products registered under the Siberian Wellness (Siberian Health) trademark.|
|Consultant||Legal entity or natural person with full legal capacity, who is concurrently authorized to resell products registered under Siberian Wellness (Siberian Health) trademark to the end consumer as an independent sales representative.|
|Consultants of Business part||A Consultant who works independently. He/she is an independent entrepreneur who is registered to carry out his/her activity.|
|Consultant of Start-up part||A Consultant who helps friends and acquaintances buy products or buys them for personal use. He/she cannot sell products to third parties, but only assist in selling them to third parties.|
|Mentor||A Consultant who has attracted new Consultants for the purpose of cooperation with Siberian Wellness (Siberian Health), and who teaches new Consultants or otherwise supports them, as an existing Siberian Health Consultant at different stages and levels of Siberian Health distribution system.|
|Registration number||A number, which is assigned to Consultant at the time of conclusion of Agreement.|
|Commissions||Siberian Health Consultant gets commissions and bonuses from Siberian Health. The commission is calculated according to the Compensation plan of Siberian Health.|
|Direct sales||Siberian Health Consultants purchase products registered under Siberian Wellness (Siberian Health) trademark and resell them to end consumers.|
|Consulting duties||Consulting is included in Siberian Health Consultant's duties in order to attain the highest level of awareness about Siberian Health products between the end consumer and Consultant, as well as between the regular customer and Consultant.|
|Training/Skills development||To provide Consultants with the opportunity to properly give all the information about properties of Siberian Health products to end consumer, the Company provides training and skill development programs, as well as exchanging experience among Consultants.|
|General rules of deals closing||General rules of deals closing in Siberian Health.|
Code of Conduct for independent Consultants:
Being an independent Consultant of Siberian Health, I guarantee that:
- within the cooperation period with the Company and being an independent Siberian Health is Consultant, I will respect the Clients, will be polite, honest and tactful towards them. Besides, I will contribute to making a good reputation of Siberian Health.
- I will fully take my responsibility as Mentor of the Consultants in my organization by training and supporting them, as well as providing them any other assistance.
- I will accept mutual relationships between Consultants and his/her Mentor in sales structure of Siberian Health, and I will not interfere with them and will not try to change them.
- I will not say any disrespectful statements towards other Siberian Health Consultants.
- I will not give any information about the Siberian Health products not given in any official publications of Siberian Health.
- I will not make false or misleading representations about the Siberian Health is products relating to health.
- Under any circumstances, I will not persuade anyone to cooperate with Siberian Health (as well as Company's Consultants) and buy Siberian Health products.
- I will not provide false or misleading information about my income, which can be received according to the Compensation Plan of Siberian Health.
- I will not use any deceptive, illegal, misleading or unethical practices.
- I will not discredit other companies with the aim to entice their distributors to become Siberian Health Consultants.
- I will always strive to maintain good relationships with the Company's Clients, to carefully deal with possible complaints of the Clients, as well as to do my best to solve the arising disputes and conflicts.
- The subject of Agreement is sales of Siberian Health products registered under the Siberian Wellness (Siberian Health) trademark, operating mainly in the sphere of dietary supplements and food supplements, cosmetics (hereinafter referred to as "Agreement Products") as direct sales through Consultants and the activities intended for the attraction of new Clients and Consultants for cooperation.
- Siberian Health Consultants purchase the products offered by Siberian Health in order to resell these products to the end consumers. They assist in conclusion of the Agreements between end consumers and Siberian Health.
- Siberian Health Consultant is neither an employee, nor a representative of Siberian Health. Siberian Health Consultant do not follow any of Siberian Health is instructions and consider his/her activity as an independent sales representative on a part-time basis, according to paragraph 92b of the Federative Republic of Germany's Commercial Code.
- Siberian Health Consultant is obliged to get permission for his/her entrepreneurship not later as of the effective date of the Agreement conducted with Siberian Health. 2. The copy of permission for entrepreneurship shall be attached to the Siberian Health Consultant's Registration Application, or provided upon request. The permission for the entrepreneurship shall remain in force until the expiration of the Agreement.
- Siberian Health reserves its rights to make amendments both in prices and in the assortment of the products offered by the Company. In case, there are amendments to the prices of products, the Consultant is immediately informed about them.
- Legal entity or natural person with full legal capacity, who has not entered into Sales Consultant Agreement before can become a Siberian Health Consultant. Sales Consultant Agreement is concluded for an indefinite period. The conclusion of the Sales Consultant Agreement is performed upon submitting the fully completed and signed Consultant's Registration Application by the applicant to Siberian Health and after accepting this application by Siberian Health.
- Sales Consultant Agreement is deemed to be effective if Siberian Health does not reject the submitted Consultant's Registration Application within three working days. Consultant's Registration Application does not need to be signed by Siberian Health. The Consultant's Registration Application submitted to Siberian Health before the last working day of the month is adopted - once it was approved - within the current month. Consultant's Registration Application, submitted to Siberian Health after the last working day of the month is adopted - once it was approved - within next month.
- Siberian Health reserves the right to reject the acceptance of the submitted Consultant's Registration Application with no reason given.
- Sales Consultant Agreement is not deemed to be effective if there are cross-outs in the Registration Application or in the Appendices thereto, or unless all mandatory fields of the Agreement are signed by the candidate. The reciprocal General rules of deals closing from the applicant are categorically rejected.
- Upon signing the Consultant's Registration Application, the applicant confirms the correctness of the provided personal data. If an applicant provides incorrect data or suppresses the circumstances that prevent the conclusion of this Agreement, in particular, relating to the provisions of these General rules of deals closing, Siberian Health reserves the right to unilaterally and permanently terminate the Sales Consultant Agreement.
- Consultant operates as a free and independent entrepreneur. He/She has the right and is obliged to represent himself/herself as a "Siberian Health Consultant" throughout the validity period of this Agreement.
- Consultant status is maintained only if Consultant achieves Personal Volume of 100 points each month. If Consultant fails to make the above-mentioned volume each month he/she is transferred to the Privileged Client status and falls within the scope of the Privileged Clients terms and conditions (for those who registered with the Company from 01.09.2021).
Consultant status is maintained only if Consultant achieves Personal Volume of 100 points at least once in 4 consecutive months. If Consultant fails to make the above-mentioned volume within 4 consecutive months he/she is transferred to the Privileged Client status and falls within the scope of the Privileged Clients terms and conditions. (for those who registered with the Company from 01.09.2021).
- The territory of market responsibility of the Siberian Health Consultant covers the entire territory of the Federal Republic of Germany (hereinafter referred to as the "Agreement Area").
- Consultant is provided with the non-exclusive right to distribute the products that are offered by Siberian Health on the Agreement Area. Siberian Health reserves the right to promote the Agreement Product within the Agreement Area or to offer the Agreement Products within the Agreement Area through other channel resellers, in particular, with the assistance of other Consultants. 3 Siberian Health reserves the right to provide discounts on the products, as well as to other activities in order to promote Siberian Health products on the market.
- Consultant has the right to sell the Agreement Products of Siberian Health solely to end users. Sale of products to dealers and/or other persons engaged in resale of goods is forbidden. Consultant has the right to sell Siberian Health Agreement products solely and directly to end users and is not entitled, in particular, to sell Agreement Products of Siberian Health through store chains or markets. Consultant is not allowed to launch online stores for the sale of Siberian Health products through the Internet, and also to operate such stores, offering Agreement Products through them, or use online stores owned by third parties to sell Siberian Health products via the Internet. Consultant has no right to sell Agreement Products of Siberian Health through the remote sales networks.
- Siberian Health has the right, if necessary, to amend the Compensation plan in order to bring it into compliance with the existing economic conditions. Siberian Health immediately informs the Consultant about the additions and changes made to the Compensation plan. At the same time, Siberian Health undertakes to strictly follow the Compensation plan in its current edition.
- Siberian Health provides Consultants with a large number of different activities for continuing education and training. Consultants of Siberian Health are not obliged to participate in programs and events offered by the Company.
- Siberian Health Consultants have the right but they are not obliged to independently organize - with prior approval of Siberian Health - activities for the skills development and training, as well as participate in activities for the skills development and training, which are organized by other Consultants.
Along with the materials required for the Consultants' practices, Siberian Health additionally provides Consultants with a large amount of information material. Consultants are not obliged to buy them.
- Consultant shall constantly and conscientiously take care of the Siberian Health interests, as it behooves a good businessman.
- When changing his/her place of residence, the Consultant is obligated without any reminders to provide Siberian Health with his/her new address. If Consultant violates this liability and the Company needs to obtain new Consultant's address by sending a request to the resident registration office, the Consultant is obliged to reimburse the Siberian Health expenses incurred while performing these actions. In this case, Siberian Health shall draw an invoice to the Consultant in the amount of 10 €. Consultant retains the right to prove that less damage has occurred or that damage has not occurred. Siberian Health reserves the right to prove that the more significant damage has occurred.
- In the course of cooperation, Consultant is obliged to strictly observe the rules of fair competition, all regulations, as well as orders, which are directly related to the sale of Agreement Product of Siberian Health. Consultant is obliged to provide information about Siberian Health and Agreement Product, that is solely compliant with the official publications of the Company, authorized within the Agreement Area, or such information that is authorized in written form by the Siberian Health for official publication. Consultant is strictly forbidden to make public statements about medicinal and/or medical properties of Agreement Products. If the Consultant has reported inappropriate information about Siberian Health and Agreement Products, and in particular on its medicinal and/or medical properties, that resulted in third parties' claims, the Consultant releases Siberian Health from such claims.
- If third parties file any claims against Siberian Health in connection with other violations by Consultant, Consultant also releases Siberian Health from such claims.
- Siberian Health Consultant is responsible for informing the end user of his/her legal right to cancel a decision.
- All requests from the mass media should be promptly transmitted by Siberian Health Consultant to the Company. Siberian Health retains the right in some cases to prohibit the Consultant to respond the requests from the mass media.
- Siberian Health Consultant does not have the right to answer phone calls in such a way that the caller has the impression of reaching the headquarters or office of the Siberian Health.
- As a seller of products under the registered Siberian Wellness (Siberian Health) trademark, Consultant is responsible for settling possible claims of the end consumer.
- Consultant is obliged to strictly observe the current legal provisions on data protection. In addition, Consultant acting as a Mentor is required to draw special attention of his/her Consultants on this obligation.
- On the territory of the Federal Republic of Germany, Consultant has the right to use solely the official advertising materials and information materials that are officially provided by Siberian Health and marked with DE or EU sign.
- The immediate Mentor, in whose organization the double registration took place and if he/she is responsible for such violation, will be hit with sanctions. The sanction amount is determined by the Company at its sole discretion, but it shall not exceed the monthly average commission, calculated on the basis of the total commission for last 12 months preceding this period (total commission / 12). If the contract relations between the Company and Mentor last for less than 12 months, the average monthly commission credited for the sales volume of double-registered Consultant and his/her group is calculated according to the total commissions within the period the Agreement is effective (overall commissions / months). The penalty amount is calculated according to the Mentor's commission for the last complete period.
Siberian Health Consultant guarantees that he/she will not entice other Consultants to work in other direct sales companies. Violation of this prohibition gives Siberian Health the right to immediately terminate the Sales Consultant Agreement prior to the expiration of the Agreement.
- Siberian Health Consultant undertakes during the term of contractual relationships with Siberian Health, not to take any actions that are aimed at competing against Siberian Health. Consultant has the right to direct or indirect participation in any other enterprise, to independent activity in any other enterprise or otherwise support any other enterprise, only with the specific, written consent of Siberian Health, if the given enterprise produces or distributes products or offers any other services on the market that coincide with the products or services of Siberian Health or are similar to its products or services.
- Consultant undertakes to notify Siberian Health if he/she intends to cooperate with any other enterprise that produces or distributes products or offers any other services on the market that do not coincide with or are not similar to the products or services of Siberian Health. The above-mentioned competitor-neutral cooperation with any other enterprise is prohibited for Consultants starting from the sixth rank of the Compensation plan if the above-mentioned enterprise, like Siberian Health, distributes goods and services through a network marketing system.
- Violation of illicit competition prohibition gives Siberian Health the right to immediately terminate the Sales Consultant Agreement prior to the expiration of the Agreement.
- In each case of illicit competition, Consultant undertakes to pay a fine under the Agreement, which is determined at the Siberian Health is discretion and shall be not less than 5050 € (five thousand and fifty euros). In the disputable case, the fine value under the Agreement is regulated by the relevant state court in accordance with § 315, paragraph 3 of the German Civil Code. Payment of fine under the Agreement does not apply to the claims of Siberian Health regarding the compensation of further damage.
- The Company adheres to the policy of zero activity in the undiscovered markets.
Undiscovered market is the country where the Company has not started its official business.
The start of Company's business is the launch of sales via official Company E-shop, if it purposefully oriented on the country's market. If the Company has not announced the opening of a new country (through its literature or on the official website), or has not open Representative office, any business in this country is not allowed and the rules of zero activity are applicable there.
- Within the territory of the EU countries where SIBERIAN WELLNESS stores are not opened, the registration of Consultants or Privileged Clients are allowed, whose activities are subject to restriction according to the clause 1.8. Registration of Consultants and Privileged Clients is carried out online on the Company's official website. To get commissions, Consultants of Business part of the Compensation Plan shall send a filled out by hand and signed Registration Agreement to the Company, as well as to provide all information and documents in accordance with the legislation of the country.
- In accordance with General rules of deals closing, it is permitted to realize promotional activities related to the products and/or Company business to attract other people to cooperate with the Company.
- To attract people for cooperation with the Company, it is permitted to use educational materials developed by the Company.
- Within the territory of the EU countries where SIBERIAN WELLNESS stores are not opened, it is prohibited to resale the Company's products. Consultants and Privileged Clients are allowed to purchase Siberian Health is products through the Company's E-shop for personal use only. Consultants and Privileged Clients are allowed to recommend the Company's products to others and attract them to buy products through the Company's E-shop.
- Siberian Health uses the direct multi-level selling method to promote its products and increase sales volume. This means that the Company products can be purchased only in SIBERIAN WELLNESS stores, in official E-shops and/or from your personal Consultant.
- Siberian Health Consultant is obliged to store confidential information, as well as commercial and industrial secrets of the Company, as well as store all documentation that relates to confidential information, commercial and industrial secrets of the Company so that it is not available to third parties. After termination of the Sales Consultant Agreement, the Consultant is obliged to return all documents and other documents that contain confidential information relating to Siberian Health upon request. Upon the expiration of Sales Consultant Agreement, Сonsultant also undertakes not to disclose all the information regarding business transactions, in particular, confidential information, which he/she obtained within the Sales Consultant Agreement duration period.
- If Consultant intentionally or as a result of negligence transfers confidential information of Siberian Health to third parties, the Consultant shall immediately notify Siberian Health about this fact. The Consultant undertakes to reimburse the Company for the damage caused as a result of non-compliance with the non-disclosure obligation.
- Consultant has the right to use confidential information, as well as commercial and industrial secrets of Siberian Health, solely for the performance of its activities in the context of cooperation with the Company and undertakes not to use this information after the expiration of the Sales Consultant Agreement. In particular, the Consultant is prohibited to transfer the Clients' data, including those who were personally attracted by him/her to other network marketing companies.
- Consultant has the right to use only official promotional materials and information materials officially provided by Siberian Health and that is marked by DE or EU sign. Consultant is prohibited to otherwise use the intellectual property of Siberian Health - for example: publicate them in the mass media, marketing materials, promotional materials, such as, for example, advertisements in the mass media, as well as advertising publications depicting Siberian Health products, graphic images, slogans, as well as registered trademarks.
- Consultant has no right either to modify, reproduce or distribute official advertising materials, information materials and other materials of Siberian Health in whole or in part or in a modified form without the prior, unambiguous and written permission of the Company. Siberian Health Consultant has the right to manufacture or order and distribute business cards containing personal data of the Consultant, if such business cards correspond to the corporate sample of design developed by Siberian Health. Consultant has the right to use personally produced advertising materials and information materials, such as flyers, leaflets or advertisements and the like, only in certain cases and with the prior, unambiguous and written permission of Siberian Health.
- Promotional content created and distributed by the Company can be used (without reproduction and replication rights) by Consultants without the prior consent of the Company.
- Upon agreement with the Company, the Consultant has the right to organize and participate in promotional and PR activities to promote his/her business.
- The Company has the official website: http://siberianwellness.com. The official website provides information about the Company, its products, offers for the Privileged Clients and Consultants and business information for individuals who cooperate with the Company. The Consultants have Personal pages on the Company's website, which can be entered using a login and password.
- The Consultants are not entitled to give any interviews in print, electronic or television media (mass media) on behalf of the Company or to place any advertising in the mass media and on the Internet without the prior written consent of the Company.
- The Consultant is not entitled to create and/or use (including publication or distribution), as well as transfer to third parties any advertising, information and/or other materials, including printed materials, streaming of audio and video files, regardless of the electronic format, related to the Company, its products and business activities, without a prior written consent of the Company. In case of violation of this rule, the Company reserves the right to use the Intellectual Property Protection Law – for example, to protect trademark rights, title right, design rights, as well as the competition rights (in addition to the rights arising from this contract).
- The sale of goods outside the trading place, for example, street selling, any other free sale, selling at festivals or other events is prohibited.
However, the Consultants can participate in exhibitions and fairs that are at least indirectly related to the subject of the business and where they present the Company's products, provide recommendations on their use and sell products at temporary (for not more than three calendar days) exhibitions and fairs, if it does not contradict the legislation of the country where the fair or exhibition takes place. The Consultants have the right to use the promo stand, provided by the Company for such use, in order to present the Company's products and participate in advertising and PR activities in accordance with the law.
- Unsolicited e-mails.
The Company does not allow the Consultants to send unsolicited commercial e-mails, (for example, Newsletter or other promotional materials about products and services provided by the Company), if these letters do not comply with the applicable laws and regulations and are considered as spam, including if such letters are legally determined as spam.
- (8) Online behavior.
8.1 Consultants websites.
If the requirements listed below are observed, the Consultants can create and use their own websites to promote the Company's business and products (External websites). External websites shall serve only for advertising purposes, but not for the sale of goods through the website or through the contact information displayed on the website. Before launching the External website, the Consultant shall provide a beta version of his/her External website to the Company for review and get a written approval of the Company, if this website relates to the Company, its products and services, and/or their protected materials (for example, trademarks, logos, design, copyright). Before introducing any amendments into the approved External website the Consultant shall provide them to the Company to obtain the Company's approval. Exceptions are legally binding changes to mandatory information in accordance with the legislative provisions of the relevant country or international rules applicable to it. Purely editorial alterations, such as correction of spelling errors or editorial correction of already approved texts, which does not change the content, are also allowed. The Consultants can create their External websites, if a website and its content comply with the Consultant Standards and Statement of Policies and Procedures.
However, the Consultant is independently obligated to make the content and design of his/her website legally compatible with European law, the legislation of his/her residence country or any third countries that are relevant to the content and design of the website. Such compliance with the law is not immediately checked by the Company. In this regard, the Company bears no liability for legal claims to the Consultant filed by third parties in connection with the publication and search of a website on the Internet as a result of a violation of such legislation. The Consultants waive any claims against the Company and undertake to follow these Rules. If necessary, the Сonsultant shall seek advice from an expert concerning the manner (including programming), content and presentation of the website in accordance with applicable law.
This does not apply to claims filed by third parties against the Consultant in connection with the Company's intellectual property rights (such as trademarks) if the Company allowed the Consultant to use such property rights as part of its website design. However, the Consultant shall immediately notify the Company in writing about such a claim filed by the third party.
Information required for the website approval in regards to the Company's rights or questions concerning its content should be sent to email@example.com.
The above-mentioned rules apply accordingly to the selection of the Internet address for the Consultant's website.
8.2 Requirements to the Consultant's Website Design.
The website shall visually differ from the official website of the Company in design and structure. Each page of a Consultant's website shall contain the following information on the first page:
1. Inscription "Siberian Wellness Consultant's personal website" (the font at least 20 point size).
2. Consultant's name and rank (the font at least 18 point size).
3. Consultant's photo (image size at least 200 x 200 pixels).
4. Consultant's contact details (the font at least 12 point size).
5. Navigation button on the official website of the Company with the inscription "The official website of the Company" and a referral link.
8.2.1 Website design shall contain only the current corporate style (optical design) and the current Company's logos provided by the Company. The current brand book is available on the Company's private website in the Business Tools section.
8.3 External website content.
The Consultant is responsible for the External website content and guarantees to manage its content in accordance with the official information of the Company.
8.4 External websites shall promote only the Company's products and business.
The External website, which the Consultant creates in accordance with his/her contractual relationship with the Company, shall contain the information that properly represents and promotes the Company. The Consultant is obliged not to advertise other products, services and opportunities except for ones provided by the Company.
8.4.1 The Company Consultants are recommended to post referral links to the official Company's E-shop on their External websites in order to promote Company products (for the countries where E-shop is available). If the purchase is made via the official E-shop using this link, the purchase will be credited to the Consultant's Registration number who owns the referral link.
8.4.2 Information on the availability of the official E-shop in the country can be found on the Company's website.
8.5 Domain names, e-mail addresses and online nicknames.
Consultants are not permitted to use the trademarks of the Company, its name, the Company products names for the registration of domain names, e-mail addresses or online nicknames. This rule also applies to the names or markings used in combination with other symbols or markings or are included in other symbols or markings.
8.6 Online auctions and marketplaces.
Products and services of the Company shall not be placed on online auctions and marketplaces on the Internet, including but not limited to: market.yandex.ru, torg.mail.ru, amazon.com, ebay.com, avito.ru, youla.ru, prom.ua, deal.by, satu.kz, prom.md, negociol.com, ticiz.com, olx.com and others, regardless of the top-level domain.
8.6.1 It is not allowed to place ads about Company's products and services on advertising auction systems (such as Ebay) and on the social network advertising systems (Yandex.Direct, Google AdWords, MyTarget, Begun, VKontakte, Facebook, Instagram, etc.), including product advertising, recruiting with the use of referral links and advertising of External websites of Consultants, even if the Consultant Standards and Statement of Policies and Procedures requirements regarding the design of Consultant's External website are observed.
8.7 The use of the intellectual property of a third party.
The Consultant bears responsibility for the use of trademarks, service marks, copyright and intellectual property owned by a third party upon leaving a message in social networks. The Consultant is obliged to seek professional legal advice before using such intellectual property rights. The Consultant shall indemnify the Company against any damage in the event of claims that may be filed by the third parties to the Company for violation of industrial property rights.
8.8 Prohibited information.
The Consultants are not allowed to publish information or have any relation to the publications and materials which are:
– sexually explicit, obscene, or are related to pornography;
– considered as offensive, threatening, malware, discreditable, slander or discriminatory materials (if they are relevant to nationality, race, ethnicity, religion, gender, sexual orientation, physical disability, etc);
– related to violent acts (this also applies to violent images in video games);
– derivative of any unlawful conduct;
– considered as a violation of any intellectual property rights of the Company or a third party.
8.9 External website closing and its assignment.
In case of the Sales Consultant Agreement termination, the Consultant shall carry out one of the following activities towards his/her External website:
– Close his/her External website.
– Assign his/her External website to another Consultant upon the Company's consent within three days and send the closing information or information on the new owner to the following e-mail address: firstname.lastname@example.org.
– If the Consultant saves the domain name he/she shall, within three days after termination of the Registration Agreement, delete the content of the External website, including all information about the Company, its products, and any references that the website is owned by the Company's Consultant.
8.10 The Company reserves the right to request hosting providers and other third parties to block the Internet resource in case of violation of the above-mentioned rules, in particular, in case of violation of industrial property rights or the Company's marketing rules, with prior notification about the detected violations sent to the contact details given on such website. The Company may cancel its decision to block the resource if within one calendar week after the notification the website is changed and it meets the above-mentioned conditions.
- Creation and design of groups on social networks.
9.1 The group or page description shall reflect its affiliation to Siberian Health. The group name shall also include Consultant's (group holder) last name, first name and patronymic name (if any), city and Registration number. It is allowed to use referral links to the official E-shop, the Company's website, the Consultant's External page containing proper information (according to agreements and in compliance with legal standards) and Siberian Health online registration.
The group/page name or personal profile shall not include "Siberian Health" word collocation, (as well as its transliteration and translation in any other language). Other group names and word collocations conveying ideas of the beauty, healthy lifestyle, network business or Siberia are allowed. The name and description of the group/page or personal profile shall not contain any false appeals to join the Company, for example: "employment in Siberian Health".
The Consultant is responsible for ensuring that the content, design and any software used for designing and presenting on social networks meet the legal requirements of the relevant countries applicable to the creation of this website. The Consultant shall seek expert advice on the manner (including programming), content and presentation of the website in order to comply with applicable legal requirements.
9.2 Groups design on social networks shall be made using corporate style elements. You can download group icons/covers on the Company private website, "Business tools" section.
9.3 Remember, Siberian Health products are not intended to diagnose, treat, cure, or prevent any disease. Dietary supplements advertising shall not:
a) create the impression that they are medicines and (or) have medicinal properties;
b) contain references to specific cases of cure, improved health condition as a result of such supplements intake;
c) contain an expression of gratitude to individuals for the use of such supplements and their effects for the mental and/or physical state;
d) encourage the rejection of a healthy diet;
e) create an impression of the benefits of such supplements by reference to studies required for State registration of such supplements, as well as use any other findings in the form of direct recommendation to take such supplements.
9.4 It is forbidden to present other companies products together with Siberian Health products.
9.5 A direct or indirect offer to sell the Company's products or by using group members on social networks (in particular, using the communication function within the relevant group) is not allowed. Such comments as "You can purchase this product from me" constitute a violation. You can only recommend the products and post referral links.
9.6 Advertising of Consultants' groups on social networks and paid promotion of personal profiles are allowed only within the social network advertising system where the group or profile was created. The design of the advertised group or profile shall comply with the design requirements (clause 10).
9.7 It is not allowed to organize and conduct joint purchases on third-party Internet websites, including on External websites, forums, messengers and social networks.
9.8 If clause 19 is violated, the Company is entitled to apply the sanctions described in clause 24.4 towards violators and block them.
- Subject to the provisions of § 13, paragraph 2, the statutory liability of Siberian Health for damages is limited as follows:
a) Siberian Health bears liability, limited by the size of typical damage, that may be incurred upon Agreement conclusion, for minor violations of the essential obligations stipulated in the Agreement, which were committed by negligence;
b) Siberian Health is not liable for minor violations of non-essential obligations under the Agreement, which were committed by negligence.
- The above-mentioned liability limitations of the Company do not apply to the cases when the law provides for compulsory liability, in particular, according to the Product Liability Act, as well as according to the Product Liability Regulations that operate on the Agreement Area, and also in the event if the Company undertakes guarantees or when the damage to human health was caused due to the fault of the Company.
- Consultant undertakes to take appropriate and duly measures to prevent damage or reduce damage.
- Consultant has no right to change neither Agreement Products nor its appearance and/or packaging supplied by the Company. In particular, Consultants are not allowed to modify or remove labels or warnings that contain information about possible hazards upon the improper use of the Company's Agreement Products. If Consultant violates the requirements of paragraph 15, paragraph 2, clause 1 and clause 2, it releases Siberian Health in its internal relation from claims of third parties for product liability, if it caused any damage.
- If Siberian Health is forced to withdraw any Agreement Products of the Company from the market due to any of its defects, the Consultant undertakes to support Siberian Health, as well as to take all measures that the Company has the right to require in the context of cooperation. In this case Siberian Health undertakes to reimburse all necessary expenses that will arise in connection with this situation.
- If new Consultant is involved in cooperation with the Company, the Mentor is required to comprehensively inform the new Consultant about the Company's activities and, first of all, on the content of the General rules of deals closing, the Company's Compensation plan, and that each Consultant cooperates with the Company as an independent sales representative of Siberian Health on part-time business, according to the content of paragraph 92b of the German Federal Trade Code, the Consultant is neither an employee nor a representative of the Company.
- Mentor is responsible for training and mentoring of the Consultant involved. Mentor explicit and in good faith answers all questions raised by the Consultant regarding Siberian Health.
- Spouses may apply for the status of Consultant together using one Registration number, or separate using different Registration numbers. If spouses work together as Consultants using one Registration Number, they receive commissions and bonuses together. If they work separately as Consultants using different Registration Numbers – commissions and bonuses are paid them separately.
- Spouses may not have different Mentors and/or run business in different organizations of Siberian Health.
- In cases when two Consultants, who have already run business in two different organizations, get married, they may continue their work according to the existing Agreement for Consultants and organizations or continue running their business in a new organization. In the latter case, the organization, which will not be continued, remain in the existing Mentor's line.
- Consultant (on Siberian Health consent) may add a spouse or relatives (Partner) to the Agreement. In that case, the Partner will not become a contractual Partner (The Family ties). Consultant may terminate The Family ties at any time. He/she shall immediately inform Siberian Health about it in text or written form.
- A contractual partner with Siberian Health is and will be the only Consultant. Only he/she has the right to make treaty declarations to Siberian Health and use the constitutional law. However, it is considered that the Partner is entitled to accept applications for Consultant from Siberian Health on behalf of the Consultant.
- According to The Family ties, Partner is definitely not Consultant and therefore has no right to use contractual rights and obligations of Consultant in relation to Siberian Health.
- Partner receives access data to the Consultant's online section. He/she has access to all the information relating to Consultant or Partner. According to The Family ties, Partner has the right to enter the online section on the Internet and view all information about Consultant or Partner stored there. He/she has the right to receive information relating to the contractual relationship with the Consultant, in other ways and take into consideration its content, for example, via e-mail or other electronic means of communication (e.g. electronic messenger). He/she is also entitled to participate in all events, including training, that Siberian Health offers to Consultant to participate in. If and when Consultant is awarded special certificates of achievement in Siberian Health, both Consultant and Partner c may be awarded those certificates, and both are entitled to have such a special certificate of achievement.
- Partner's rights are terminated when the relationship with the Consultant is terminated or when The Family ties are terminated by Consultant or by Siberian Health. Such termination will take place in any case, if Partner broke the law in relation to user relationships or Siberian Health products and services; or if there is sufficient suspicion of such delinquencies. Such a clear violation of the law also takes place, if Partner enters a competition with Siberian Health, supports competition relating to Siberian Health, or participates directly or indirectly in a company that competes with Siberian Health services and products.
- Consultant's status cannot be transferred to third parties and cannot be inherited. This status will be forfeited upon termination of the Agreement, if applicable, upon expiry of the Agreement and upon the death of Consultant. In other cases, the law of inheritance comes into force.
- Protection of rights to attract new Consultants is provided only if the involved Consultant has submitted a fully completed and signed Registration Application to Siberian Health. Documented initial Agreement with the newly signed-up Consultant, as well as detailed initial consultation of the newly signed-up Consultant, determines its integration into the appropriate sales organization. In the disputable case, it is required to timely send corresponding information to Siberian Health in written form about the initial Agreement with the candidate.
- An applicant who accesses Siberian Health directly, without the assistance of Mentor, may be accepted by Siberian Health as a Consultant in any of the Company's sales organization.
- If in some cases Consultant does not have a Mentor, he/she, together with his/her sales organization, may be entered into another sales organization.
- Double registration takes place when Consultant violates the provisions of § 3, paragraph 1 of the General rules of deals closing and the existing Sales Consultant Agreement, by submitting one more Registration application to Siberian Health in order to receive one more Consultant's Registration number, but enter another Mentor's organization.
- In case of double registration, Siberian Health has the right to terminate both the pre-existing Agreement and the newly concluded Sales Consultant Agreement prior to their expiration.
- The integrity of the personal group of Consultants is the basis for the Siberian Health is marketing system and is a mandatory commercial principle that protects all Consultants. In accordance with this principle, the transition of a Siberian Health Consultant to another structure is not possible. Consultant has the opportunity to change his/her Mentor, as an exception by submitting the special application containing the unequivocal, written consent of both the new Mentor and all higher-ranked Mentors of his/her current sales organization, as well as with the unequivocal, written consent of Siberian Health. Siberian Health, in its sole discretion, in each case, considers and decides on the transition of Consultant to another Mentor. Siberian Health reserves the right to reject the Consultant's application with no reason given.
- Consultant who, on his/her own initiative, terminates Sales Consultant Agreement, has the right to register again as a Consultant after 6 months after the termination of his/her activities in the course of cooperation with the Company, starting from the date of the last invoice. Consultant whose Agreement was terminated on the initiative of Siberian Health has the right to apply for the status of the Consultant again after 6 months after termination of his/her activities in cooperation with the Siberian Health, starting from the date of the last invoice.
- If Consultant attempts to change the line through a straw person, Siberian Health reserves the right to immediately terminate the Sales Consult Agreement with such a Consultant prior to the expiration of this Agreement.
The ground for the payment of commission is the Compensation plan in its current edition.
- The accounting period for accrual of the commission is a calendar month. The final calculation of commission to Consultant is carried out not later than the end of the calendar month, which follows the calendar month it is credited. Siberian Health shall prepare a preliminary calculation of commission to the Consultant prior to the fifth calendar day of each calendar month. Siberian Health makes up the final calculation of the commission not later than before the end of the same calendar month.
- Consultant undertakes to immediately recheck the results of the calculation of commission immediately upon receipt and immediately inform Siberian Health about possible inconsistencies in written form.
- The commission is paid to the Consultant immediately after the final calculation of the commission. The possible debit balance on the Consultant's account shall be covered within ten days after the final calculation of the commission.
- Any claims submitted by the Consultant on payment of the corresponding advance from the commission pursuant to the paragraph 87a, paragraph 1, clause 2 of the Commercial Code in accordance with paragraph 92b, paragraph 1, clause 3 of the Commercial Code are excluded.
- Consultant shall provide Siberian Health with accurate data on the right to VAT offset, and promptly and without additional reminders inform Siberian Health about the changes in the right to VAT offset.
- If Siberian Health credits incorrect commission due to the provision of unreliable data on the right to VAT offset by the Consultant, the Company's Consultant shall release Siberian Health from liability for such erroneous action to the extent possible.
- If Consultant provided untrue information to Siberian Health about the right to VAT offset or if Siberian Health was not promptly informed by the Consultant about the change in the right to VAT offset, which resulted in any damage incurred to Siberian Health, for example, liability owed to tax authorities, the Consultant undertakes to reimburse the damage caused.
- The present Sales Consultant Agreement is concluded for an indefinite period.
- Each Party has the right to terminate this Sales Consultant Agreement with no reason given within one month before the end of the calendar month. The date of Sales Consultant Agreement termination is the day of receipt of Sales Consultant Agreement termination application submitted to the other Party.
- Both parties have the right to terminate this Sales Consultant Agreement without observing the stipulated terms of termination of the Agreement for valid reasons. A valid reason for the termination of the Agreement is the occurrence of a situation when, in considering the content and purposes stipulated in these General Conditions for the deals closing, as well as all circumstances in each individual case and the bilateral interests of one or both Parties under the Agreement, the continuation of this Agreement becomes unacceptable.
- Among important reasons for terminating this Agreement prior to the expiration of this Agreement for both parties, in particular, are the situations when:
a) one Party violates its obligations to a large extent, in particular, those obligations stipulated in these General Conditions for the deals closing, and if despite the receiving of a warning of the inadmissibility of such actions, continues to violate the obligations;
b) Consultant violates the illicit competition prohibition;
c) Consultant violates the prohibition on Consultant's conversion;
d) Consultant violates the prohibition on disclosure of information;
e) Consultant violates the prohibition on double registration;
f) Consultant is engaged in the production, distribution, and use of sales materials that were not previously authorized by Siberian Health for use, distribution and manufacturing;
g) Consultant attempts to change the organization through the straw person;
h) Consultant makes statements about the Agreement Products of Siberian Health, which are relevant to assessing their impact on human health;
i) Consultant incorrectly informs about the opportunities for generating revenues on the basis of Siberian Health is Compensation plan;
j) If Consultant doesn't make any purchases using his/her Consultant ID card within 6 months his/her registration is annulled automatically.
- Termination of the Agreement is valid solely if it executed in written form.
- Upon termination, as well as the expiration of this Agreement, all trade Agreements that were concluded thereto remain unchanged and effective.
- Both Parties undertake in the event of this Agreement termination under the prescribed rules to inform their Clients, as well as other interested third parties, of the termination of this Agreement - one month before the termination of this Agreement.
- Consultant shall not receive any further remuneration after the termination, as well as the termination of the Sales Consultant Agreement. The achieved level as well as the size of the sales organization built by the Consultant at the time of termination as well as the expiration of the Sales Consultant Agreement lose their force. All Consultants of lower Ranks in the organization of this Consultant will be transferred to his/her Mentor.
- Consultant, upon termination and expiration of this Agreement, loses its rights under this Agreement, including the right to distribute the Agreement Products of Siberian Health. After the expiration of this Agreement, the Consultant shall cease to be represented as the Consultant of Siberian Health, as well as to otherwise make reference to Siberian Health and Agreement Products.
- If the Consultant, upon termination and expiration of this Agreement, commences activities in the context of cooperation with any company-competitor of Siberian Health, he/she shall not be entitled, under a contract with another company, to use confidential information received during his/her cooperation with Siberian Health. In disputable cases, the Consultant, upon termination and expiration of this Agreement, shall confirm and prove that he/she is engaged in activities with a company-competitor of Siberian Health without referring or using confidential information obtained during the cooperation with Siberian Health.
- In case of the Agreement termination upon Consultant's initiative or the Company's initiative, re-registration with the Company, including for a third party according to §16 of this Agreement (The Family ties), who has terminated cooperation with the Company on the grounds specified above, is possible in any status and in any Organization not earlier than 6 (six) months from the end of the month when registration was terminated. At the same time, all bonuses (bonuses for future purchases), accumulated on the Registration number before the Agreement termination and which still exist by the end of the last day of the Agreement, are annulled and are not restored upon resumption of cooperation with the Company.
- Siberian Health reserves the right to perform mutual settlements of the Consultant's debts to the Company from the commission that is due to the Consultant.
- Consultant, in turn, undertakes not to settle claims for performing mutual settlement of his/her debts to the Siberian Health, except when they are undeniable or established by the courts. Consultant undertakes to return the commission overpaid by the Company.
All mutual claims of the Parties hereunder are subject to legal norms and limitation periods within twelve months from the invoice due date of the relevant claim, but not until the expiry of the period of twelve months from the time the claimant ascertained the circumstances that formed the basis for making claims to the opposite side. Exceptions are those types of claims that can not be excluded in accordance with applicable law, for example, claims for which liability is provided by the law on the premeditated action.
- Upon getting information on violation of the Contract by a Consultant under the Contract the Company carries out an inspection of violation of the Contract and requests explanations from a violator and his/her Mentor, setting a reasonable period of time.
- If a Consultant does not respond to the Company's request within the specified time or cannot disprove the claim in accordance with terms and conditions of the Contract, the decision is made on the basis of the available information.
- According to the inspection results the Company decides to apply, at its own discretion which is exercised in good faith, sanctions against a violator and informs the violator, his/her Mentor and the Leader of his/her Organization about the decision. If the Company does not take any action after receiving information about the violation, it does not presuppose the refusal to apply sanctions upon such violation in the future.
- If it is detected that some actions entailed material or moral damage to the Clients and/or the Company, the Company has the right to withdraw the authorization, given to the private enterprise, to sell the products as well as to unilaterally terminate the cooperation with a Consultant. Such violations are usually, but not exclusively, serious violations of the Contract.
- Types of sanctions
- Warning. After the first violation committed by a Privileged Client or a Consultant, the Company at its sole discretion can make a verbal warning to a violator about possible sanctions in the case of further violations.
- Moratorium. When a material violation or violation that has been repeated despite a warning took place, it results the suspension of current payments to a Consultant and the restricted access to the Personal Account on the Company's website for a period of up to three months. At the discretion of the Company, the moratorium period can be extended as long as the violation persists or the Consultant has not abstained from future violations in a legally binding form.
- Fine. When a material violation or violation that has been repeated despite the warning took place, a Consultant is subject to a penalty in the amount of 3 (three) average monthly payments (total amount of payment for 3 months preceding the month of violation / 3 (*3)), which is deducted from the amounts credited to the Consultant by the Company for payment.
- When a material violation or violation that has been repeated despite the warning took place: lowering of a Consultant's Rank, deprivation of his/her qualification, excluding from ratings and Company's Motivational programs.
- When a significant violation of the type specified below or repeated violation despite the warning took place: blocking of Consultant's referral link provided by the Company. This measure is applied against violators of the Contract, when he/she conducts advertising and information activity on the Internet by placing paid advertisements in auction-based systems and in advertising systems of social media (Yandex.Direct, Google AdWords, MyTarget, Begun, VK, Facebook, Instagram and other types of paid advertising), including paid advertising of Consultants' groups on social media and paid promotion of personal profiles on social media, as well as paid advertising of Consultants’ public websites. Users who follow the blocked referral link are redirected to the official Company's website without signs of affiliation to the violator's Registration number.
- Termination. Termination of the Consultant's Contract and termination of the Privileged Client's registration are on the Company's initiative. This regulation does not constitute any limitation on the right of termination.
- Additions and changes to these General rules of deals closing are only valid in written form. Siberian Health Consultant needs to be acquainted with them.
- If Consultant is an entrepreneur, a public-legal person or a special form of publicly owned property, the place of jurisdiction for all disputes arising from this Agreement, as well as for all situations that are related to them, is the city of Berlin. The same provisions apply to the Consultants who do not have a common jurisdiction in the territory of the Federal Republic of Germany.
- The German law shall be applicable within the context of this Agreement, excluding the International Private Law, as well as the United Nations Trade Law, which has been introduced into the current German law.
Siberian Health has the right to amend the Consultant Standards and Statement of Policies and Procedures, as well as regulate prices, taking into account the interests of the Consultants in the context of the concluded Agreement. Siberian Health is obliged to inform about amendments six weeks before they come into force. The prices of third parties, the services of which the seller/producer uses are the basis for pricing of Company's products. Besides, changes in price may be resulted from modifying or changing the business model by Siberian Health. Consultants are informed about changes in written form by email or at the address that is stored in the Customer database. Siberian Health will inform the Client that it is regulated as follows: Consultant is entitled to terminate the Agreement with Siberian Health in case of price changes or changes in one or more contractual arrangements of the current Agreement. Siberian Health can give the Consultant a time period for termination of the Agreement if he/she does not accept new conditions.