Conditions governing the compensation scheme between Weiss Group and outside partners
Supplementary Terms and Conditions to the Framework Partnership Agreement (1.0.7150)
1.0.7151; Issue November 2019; Last updated on December 22 2021
Scope of Application
These supplementary terms and conditions (“Conditions”) to the Weiss Group Framework Partnership Agreement govern the relationship between the partners (“Partners”) and Weiss Group LLC (“Weiss Group”) regarding partner compensation (“Compensation”), subject to any further special agreements.
These Conditions shall apply as a supplement to, and an integral part of, Weiss Group\'s Framework Partnership Agreement and the General Terms and Conditions (“GTC”), or shall take precedence over them in case of contradictory provisions. If the parties deviate from the compensation scheme in a supplementary agreement, the provisions of the supplementary agreement shall apply.
Employees and legal representatives of Weiss Group are excluded from these Conditions.
The parties agree on a revenue-based, tiered compensation scheme for their cooperation. The basis for the calculation of the compensation is in particular, but is not limited to, the revenue category and the annual revenue that the Commissioned Party achieves through the business brokered by the partner.
The compensation provisions provided for in this compensation scheme apply equally to both parties. If the parties mutually sign framework agreements of the other party that contain contradictory compensation provisions, the provisions in favor of the partner to be compensated shall apply in any case, regardless of which agreement has been in place longer.
Relevant Revenues («Revenues») are Compensable Revenues that are defined and separately compensated by a subsequent revenue category and are not cumulative.
Revenues generated with customers introduced by the Partner shall be compensated in accordance with the compensation scheme.
If revenues can be attributed to more than one compensation category, the provisions in favor of the partner to be compensated shall apply in any case.
Revenues generated by the Appointed Party from transactions in which the Commissioning Party itself is the customer shall not be compensable.
The assessment period for compensation comprises all Revenues generated within a calendar year. The compensation is paid retrospectively at the percentage of Revenues generated within the assessment period and offset against compensation already settled.
Goods and services
Relevant Revenue from goods and services is deemed to be exclusively fees for services rendered by the Appointed Party and the net sales price of the products (goods) sold.
Digital goods include in particular, but is not limited to, digital subscriptions, downloadable software and mobile apps, cloud-based applications and online games, virtual goods used within the virtual economies of online games and communities, e-learning (online courses), webinars, websites and website templates.
Relevant Revenue from digital goods is deemed to be exclusively fees for services rendered by the Appointed Party (development and production) and paid license fees.
Commissioned services are brokerage transactions in which transactions are arranged between a buyer and a seller in return for a performance-based fee. Brokerage includes in particular, but is not limited to, real estate brokerage, investment brokerage, credit brokerage and insurance brokerage.
Relevant Revenue from commissioned services is deemed to be exclusively fees incurred on transactions. Other revenues, in particular, but not limited to, additional all-in fees charged in connection with commissioned services, are expressly not Relevant Revenue.
Commissioned services are classified as “Intoduction” or “Active participation” and compensated accordingly.
An introduction occurs when the commissioned services were provided without the party who intoduced the customer.
Active participation occurs when both parties are involved to some extent in rendering commissioned services, regardless of which party intoduced the customer.
The Lead Party shall be designated in accordance with the provisions of the Framework Partnership Agreement.
Compensation shall be divided between the parties in accordance with their roles and level of cooperation (“Level”) pursuant to the following classification:
Level A: Approximately equal amount of work for both parties, with each party brokering one side of the transaction;
Level B: Lower workload for the Supporting Party, with each party brokering one side of the transaction;
Level C: Low workload for the Supporting Party, with the Lead Party brokering both sides of the transaction;
Level D: Very low workload for the Supporting Party, with the Lead Party brokering both sides of the transaction.
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