Conditions governing the compensation scheme between Weiss Group and outside partners
Supplementary Terms and Conditions to the Framework Partnership Agreement (1.0.7150)
Issue November 2019; Last updated on January 20 2020
These Terms and Conditions govern the business relationship regarding the referral program between Weiss Group LLC (SARL) Financial Services (hereinafter referred to as "Weiss Group") and the participants of the referral program, subject to any other special agreements.
By participating to the program, the referrer and the referred client ("Client") agree to the conditions of the referral program, in particular that both parties will be informed directly or indirectly about some activities related to the fulfilment of conditions of the program.
The referrer provides Weiss Group with contact data of potential interested parties ("Interested Party").
There must be an agreement between the referrer and Weiss Group.
In order to protect individuals from unsolicited contacting, the referrer agrees to exclusively transmit qualified referrals ("Referral"), thence contact data of interested parties who expressly consent to it and who have already formulated a concrete interest in a service of Weiss Group or a product which is distributed by Weiss Group.
Non-qualified referrals will not be considered and contact data received will be deleted. In case of violation, the contractual relationship between Weiss Group and the referrer will be irrevocably terminated.
Weiss Group advises the referrer to obtain a declaration of consent from the interested party for the transmission of personal data.
The referrer is only granted a referral bonus ("Bonus") on the first concluded deal ("Deal") of the client, and only if all the following conditions are met:
There exists no business relationship between Weiss Group and the client at the time of the referral;
The deal must have a cumulative transaction volume of at least CHF 100;
The content of the deal concerns products and services for which the client has expressed an interest at the time of the referral;
The client signs Weiss Group's declaration of consent.
The bonus is transferred to the bank account of the referrer, a cash payment is not possible.
There is no claim to a bonus for transactions that the referrer carries out in his own name.
Weiss Group is obliged by law to treat data related to its business relationship with the client (“Client data”) as confidential.
The client understands and accepts that, in the case of a transaction carried out within the scope of the referral program, conclusions about the transaction volume may be drawn for the referrer based on the bonus. To this extent, the client releases Weiss Group from its obligation to confidentiality and data protection.
This referral program is intended exclusively for private individuals resident in Switzerland. Employees, legal representatives or partners of Weiss Group, as well as companies are excluded from participation.
Legal basis, rights, obligations and prohibitions
The referrer has no employment relation with Weiss Group. Therefore, the referrer is expressly prohibited from providing any service on behalf of Weiss Group to interested parties. In addition, the referrer is expressly prohibited from creating incentives for products and services of Weiss Group, from selling them, from advertising or offering them with misleading claims as well as from passing on granted bonuses to third parties, in particular to referred clients.
In general, the bonuses granted do not represent a salary and Weiss Group is not obliged to pay social security contributions.
If the granted bonuses exceed the total amount of CHF 2,300 per year, they may be qualified as a marginal salary by the social insurance agency. In this case, the due contributions are transferred to the social insurance agency at the expense of Weiss Group. The amount of bonuses granted remains unchanged.
Weiss Group prepares a tax statement for the referrer.
Compliance with law
The client shall be responsible for adhering with all laws and regulations (including tax legislation) applicable to him.
Termination of relationship
Weiss Group or the referrer may terminate any existing business relationships at any time without stating reasons, either with immediate effect or with effect at a later date unless otherwise agreed to in writing.
Applicable law and place of jurisdiction
All legal relations between the participants of the referral program and Weiss Group are governed by Swiss law. The exclusive place of jurisdiction for all legal proceedings is Zurich. Mandatory places of jurisdiction prescribed by law remain reserved.
Amendments to the General Terms and Conditions
Weiss Group reserves the right to amend the terms and conditions at any time and to adapt them to the legal provisions. Weiss Group shall communicate such modifications and amendments in advance and in an appropriate manner. The amendments shall be deemed to have been accepted by the client unless an objection is raised in writing within one month of notification. In the event of objection the client shall be free to terminate the business relationship with immediate effect subject to special agreements.
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