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The distributor acts as an independent company. The distributor is not
an employee, commercial representative or agent of Booking Pack. The
trade regulations, takeover or other business obligations do not apply
to the distributor. Except for the contractual obligations, the orders
of Booking Pack do not affect the distributor. The distributor bears
all risks connected to his business activity, including bearing all
business costs, i.e. the payment of its employees according to the
regulations. The distributor shall be obliged to operate his business as
expected from a merchant, and ensure all measures, that may also include
the opening of an own office.
As an individual company the distributor is responsible to observe the
relevant provisions, including the tax and social security regulations
(e.g. requesting a tax number or reporting its employees at the social
security bodies, acquiring operation permission, in case it is
necessary). The distributor declares, that he pays all taxes,
allowances, duties according to the relevant regulations payable after
the income, earnings received for the activity performed for Cloud Hotel
ERP. Booking Pack reserves the right to deduct the amount of taxes,
allowances and duties payable by the distributor from commission payable
for the distributor, in case a law or legal provision orders Cloud Hotel
ERP to do so. Booking Pack does not pay health insurance allowance
after the distributor. The distributor does not possess authorization to
make declaration or to undertake obligations representing Cloud Hotel
ERP.
The distributor shall be obliged to ensure that no third parties have
access to the password and registration data of the distributor.
During its activity the distributor may not harm third parties’ rights,
may not bother third parties and may not violate effective laws. In case
of sending electronic marketing materials, no unwanted electronic
advertisements may be sent, marketing faxes, text messages or marketing
phone calls can be made (even using automated call centers). No
irregular or illegal activity may be performed, e.g. unauthorized or
incorrect marketing activity. Especially, the distributor may not
communicate false or deceiving data from the services and sale system of
Booking Pack.
Furthermore the distributor is not entitled to market and/or sell the
products (services) of competitors. Furthermore the distributor is not
entitled to sell the products and services of other companies to other
distributors, being in contractual relationship with Booking Pack or
to the users of Booking Pack. In case at the same time a distributor
performs activity at several companies, that are not competitors of
Booking Pack, then the distributor shall be obliged to perform the
concerned activity (besides his own lower line), so that they do not
become interconnected, furthermore the business activity performed for
Booking Pack shall not mix with the business activity performed for
the other companies. Besides, the distributor may not recruit other
distributors, being in contractual relationship with Booking Pack to
sell the products and services of other companies. By concluding the
Distribution Agreement the distributor may not perform ethical delict
against another distributor or company or regarding other Distribution
Agreements that were concluded with other companies and that are valid.
The distributor is obliged to keep the business secrets and structure of
Booking Pack confidential. The information regarding the income
possibilities of the lower line especially qualify as confidential
information. This obligation shall remain intact following the
termination of the Distribution Agreement.
Booking Pack provides marketing and sale-documentation controlled
from all aspects for all countries that are located in the web office of
the distributor. It is forbidden to use, produce and market own sales
brochures, own product brochures or other individually created press and
marketing materials, without the prior written approval of Cloud Hotel
ERP. This approval may be withdrawn any time. The services of Cloud
Hotel ERP through the Internet may only be marketed with the use of the
marketing devices and marketing communication material provided. The
distributor may not publish data regarding his earnings or the income
earning opportunity at Booking Pack. In case the distributor
advertises the services of Booking Pack on other Internet media, e.g.
community websites (e.g. Facebook), online blogs or chat rooms, then he
may only use the official marketing communication provided by Cloud
Hotel ERP and may not publish data regarding his earnings or the income
possibility at Booking Pack. The distributors may not sell or
otherwise propagate their own marketing and/or sales documentation to
other Booking Pack distributors, furthermore they may not publish
those in any way.
Furthermore the distributors may introduce the services on fairs and
expos following the prior written consent of Booking Pack. Its
preconditions is that the introduction has to be in accordance with the
provisions of the Agreement concluded between Booking Pack and its
distributors. However there is a restriction, that the distributor may
not offer the products to its competitors.
The services, products of Booking Pack may not be offered on free
auction, open market or garage sale, exchange expo, in a store, on
Internet markets (e.g. eBay, Amazon) or sold on similar sales place.
During his business activity the distributor may not convey an
impression that he is acting as an agent or representative of Cloud
Hotel ERP and may not convey an impression, that he depends on Cloud
Hotel ERP, and follows its orders. The distributor may not take money
representing Booking Pack, furthermore is not entitled to make any
declaration or undertake any obligation. During his marketing activity,
the distributor has to abstain from fraudulent commercial practice. The
distributor is expressly obliged to introduce himself as the independent
and individual commercial partner of Booking Pack. The Internet
sites, letter-papers, business cards, furthermore advertisements,
marketing material and such shall indicate the distributor as
individually liable, and these materials have to contain the ’individual
business partner of Booking Pack’ text. Furthermore the distributor
is not allowed to take up a loan, pay costs, undertake obligations, open
a bank account, conclude other contracts or make a declaration
containing obligations using the name of Booking Pack.
During its business activity the distributor may not mention negatively,
detractingly or otherwise illegally the brand names of the competition,
may not evaluate other companies negatively or detractingly, furthermore
may not apply negative, despising or other illegal evaluation in order
to recruit the distributors of other companies.
All presentation, marketing, educational and film material provided in
the web office (including the photos as well) is under the intellectual
property protection of Booking Pack. These materials may not be
either partly or totally multiplied, spread or published without the
express written consent of Booking Pack. Possessing the written
approval, the distributor is obliged to publish the legal and marketing
documentation related to the online marketing activity connected to
Booking Pack on its website created for the publication of the online
marketing activity connected to Booking Pack.
The use of the name, trade name, titles and business names (hereinafter
referred to as: ’distinguishing marks’) is also only allowed with the
prior written approval of Booking Pack. The same is applicable to the
registration of such domain names and e-mail addresses that contain a
characteristic of Booking Pack in any form. Booking Pack may
request, that those Internet domain names or e-mail addresses, that
contain some kind of Booking Pack characteristic, and the use of
which were not approved by Booking Pack in writing, should be
deleted, furthermore in case of Internet domain these should be
transferred to Booking Pack. In case of transfer, Booking Pack
undertakes to compensate the costs of the transfer of the Internet
domain.
Bonus manipulations are forbidden. It is forbidden among others to
sponsor such distributor, who actually does not perform business
activity connected to Booking Pack (so-called strawman), furthermore
either open or hidden multiplied registration. It is forbidden to use
the name of spouses, relatives, business names, companies limited by
shares, private companies, investment companies and third parties, in
order to evade this provision.
1 month after the deletion, by paying the Entrance Fee, the distributor
gets back its distributor status. However the deletion results in the
loss of the old structure that is not recovered with the new distributor
status. The distributor status may be recovered after 1 month only in
case the distributor performed no activity for Booking Pack during
this period.
Any distributor who wishes to continue their distribution activity on
another sponsor line can request the deletion of their distributor
status at Booking Pack in writing. In case the request is approved,
after 1 month of inactivity and the purchase of the Entry Fee, they can
continue their distribution work on another sponsor line.
The distributor cannot answer the questions of the press in connection
with Booking Pack, its services, the Compensation Plan of Cloud Hotel
ERP or other services offered by Booking Pack. The distributor is
obliged to forward all questions from the press immediately to Cloud
Hotel ERP.
The distributor may only market the services for Booking Pack in
those countries (states), or recruit further distributors, where Cloud
Hotel ERP officially opened its market.
A distributor, who is a sponsor at the same time, as well, shall be
obliged to support and train its lower line. For example the sponsor is
obliged – including but not limited to – keep trainings to its lower
line about sales techniques and services (including handing over all
legally relevant contractual documentation), inform them about the
compensation plan. The sponsor receives no compensation for this
activity, since he receives commission based on the success of its lower
line.