Market Introduction Overview
Definitions
- Osmium-Institute Germany: The Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH, the global governing body for the introduction and certification of crystalline osmium.
- Onboarding: The process of becoming a Partner.
- Osmium: Certified, crystalline osmium.
- Partner: Individuals or businesses which have completed the Onboarding as administered by the Osmium-Institute Germany.
- Price per gram: The material price of crystalline osmium in Swiss Francs.
- Retail price: The price for an osmium piece is the price displayed in the online shop (www.buy-osmium.com) in local currency, being the sum of the price per gram and the individual manufacturing costs for said osmium piece. The online shop is operated and maintained by the Osmium-Institute Germany.
- Discount: The difference between the retail price and the discounted price for which a Partner can buy osmium according to his or her status as per this Earnings and Marketing Plan.
Preamble
This Earnings and Marketing Plan is published and maintained by the Osmium-Institute Germany.
This Earnings and Marketing Plan details the different players, market structures, sales activities and earnings which can be achieved in pursuance of a purchase of certified, crystalline osmium.
Understanding of an agreement to this Earnings and Marketing Plan is a prerequisite for completing the Onboarding to become a Partner.
Online Training
To become knowledgeable about osmium and its sales process, every Partner is obliged to attend the online training program and complete the final test administered by the Osmium-Institute Germany. Every Partner can enroll for this online training program at www.osmium-training.com. Market Introduction Overview
Monopoly disclosure of crystalline osmium
Osmium is a precious metal and is traded internationally. It occurs in platinum mines associated with platinum. Osmium is often offered there as a so-called compound, for example as “Osmium Tetroxide”. Osmium is metallurgically separated from other metals and is only pure enough to be used after a few processing steps. The pure form of osmium is not poured into ingots, as is usual with other precious metals, but bottled. At this stage, it is often referred to as “osmium sponge.” Osmium sponge is the raw form of osmium, which is also used for crystallization. The crystallization process is the process of rearranging atoms into a new crystal structure. With the change of the crystal structure, the chemical and physical properties also change.
This monopoly disclosure relates solely to crystalline osmium.
The process of crystallization is not generally known in the scientific community and is not available to other companies. Crystalline osmium is therefore marketed exclusively by the German Osmium Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH. Osmium in its crystalline form is only available for the German Osmium-Institute mentioned above from a single source in Switzerland. The complex process of crystallizing osmium is currently mastered only by the supplier in Switzerland.
The German Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH has concluded an exclusive agreement with the supplier in Switzerland without any time limit. The purpose of the agreement is a regulated introduction into the market via the German Institute, which has been exclusively commissioned with this task by the Swiss company. The employees of the institute have the obligation to act according to strict scientific principles and to provide each piece of osmium with a certificate of authenticity.
In addition, the Osmium-Institute Germany maintains a database in which high-resolution scans of every osmium piece in circulation are stored. The purpose of the database is to compare the crystal structure of a real piece of osmium with its certification and high-resolution scan. Every owner of osmium has the right to retrieve data about their osmium from this database at any time if they identify themselves as the owner of the osmium. Proof is provided by submitting or entering the Osmium Identification Code, which is provided with each piece of Osmium. The Osmium Identification Code is an eight-digit alphanumeric code.
The Osmium Institute’s monopoly is created by both its acting as the sole official authority for distribution of crystallized osmium as well as its exclusivity agreement with the laboratory in Switzerland wherefrom crystallized osmium is produced.
Pricing, which takes place in Switzerland, is also linked to the monopoly. Osmium is currently not traded through a trading system. The price is not represented by a market rate. However, the supply of raw osmium and the demand for crystalline osmium have a significant influence on the price. The price is formed and published each day taking into account the following essential factors:
Supply of raw osmium, supply of crystalline osmium offcuts for re-distillation, option contracts for raw osmium, current stock level of raw osmium, number of crystallization ovens, electricity price, personnel costs, laboratory safety costs, build-up of reserves, certification and packaging costs, cut prices for crystalline osmium, demand for crystalline osmium, current sales of crystalline osmium and several minor weighted factors. The most important aspect of daily pricing is the output rate. The Market Introduction Overview
output rate is the amount of osmium that can be used after growing the crystals and does not have to be returned to the process. The resulting waste of unusable crystals must be re-distilled several times and recrystallized with great technical and financial effort.
Osmium Institutes in other countries of the world have the task to introduce osmium to the local market and to certify the authenticity of pieces in circulation.
Retail
The structure of the market introduction enables intermediary business, retail trade or wholesale trade. When onboarding, a partner first becomes a tipster and then, if desired, a retailer. After completing the onboarding process, submitting an excerpt from the commercial register and passing the examination, each partner is entitled to a general purchase discount of 6.0% for their own requirements and the purchase of goods for the purpose of resale.
Every retailer buys their merchandise at a discount from their wholesaler, and if they are not listed under a wholesaler, they buy it from their State Institute Partner and earn a margin on the trade discount. They dispatch the goods themselves. Within the context of trading, it is the partner who invoices the end customer according to the retail prices published in the network.
Depending on the sales success of the partner, this discount can be increased by up to 5.0% with the Osi model (see below). The discounts on the purchase price depend each month on the number of Osis collected in the previous months. Accordingly, the maximum achievable purchase discount is 11.0%. Once this limit has been reached three times in a row, the partner is obliged to purchase directly from their national institute partner in order not to burden the trader above them with this task. Market Introduction Overview
Wholesale Partners
Jewelers and top-selling partners can apply for wholesale partner status at their local institute partner. It is awarded and there is no entitlement to the wholesale partnership.
The difference between a retail seller and a wholesale partner is that the wholesale partner is credited with 10,000 Osis per month without having to meet any additional requirements. A Partner can achieve wholesale partner status only on request from the country's State Institute Partner as a jeweler or provided that retail sales figures are strong and their collected Osis of the previous month allow it.
The wholesale Partner therefore receives a 6.0 percent fixed discount plus the maximum variable discount of 5.0 percent based on Osis. Accordingly, the wholesale Partner receives the highest possible discount of 11.0 percent.
In the event of a purchase by a retailer from a wholesale partner, the wholesale partner shall pass on to the retailer the rebate to which the retailer is entitled. Such a purchase does not entitle the wholesale partner to an increased discount. If a retailer also achieves wholesale partner status through a turnover and appointment, the superior partner only earns commission on the intermediate commission described in the intermediate regulation. However, they also no longer have an obligation and permission to forward goods to the former retailer, as these are now purchased directly from and shipped through the responsible State Institute Partner.
Mediation
If retailers or wholesale partners carry out an intermediation whose associated purchase is handled by a country's institute partner, they receive their discount claim in the same amount in the month following each transaction, distributed as commission. The partner has the choice to receive the payment in the form of money or osmium. The distribution of osmium is processed like a purchase and is counted as an invoice for the credit from the commission settlement.
The Osmium Sales Server of the German Osmium Institute lists all transactions and commissions of each partner and shows their detailed and current earnings that are due for distribution. New partners, customers and potential customers are also reserved in the customer database for the retailer before a sale. The reservation is valid for six months, based on the date of registration of the customer. If no purchase is made, the reservation expires, and any other partner has access to the customer address. The reservation can be extended by the German Osmium-Institute upon request. Market Introduction Overview
The Osi model
The Osi model is a points model and used to reward sales performance of retail sellers and wholesale partners by increasing the discount for purchases of own personal use, retail sales and wholesales.
In addition, it includes an entitlement to further payout claims from a subordinate level in the sale.
The model is described in a separate document.
Further information
For outstanding commitment or the recruitment of plenty of new partners, the assigned country State-Institute Partner may give consideration to further incentives including travel, invitations to events, support of Partners’ events, company cars or other benefits. These incentives may be subject to change and will be displayed on www.osmium-sales.com, if available.
Osmium trainers are allowed to conduct events independently and also train independently. This activity is remunerated according to the training guidelines, which can be found in the sales brochure.
Obtain more information on www.osmium-sales.com and www.osmium-dlc.com:
- Access to the online sales tool
- Explanation of Onboarding
- Access to strategic sales plans
- Access to templates, cover letters and various sales materials
Tipster Regulation
Definitions:
- Osmium-Institute Germany: The “Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH”: The leading international organization entrusted with the market introduction and certification of crystalline osmium.
- Onboarding: Process for implementing new partners.
- Osmium: Certified crystalline osmium. Element with atomic number 76 in the natural isotope mixture and a purity of over 99.9995 percent.
- Partner: Legal or natural persons who have successfully completed the onboarding process of the Osmium-Institute Germany, including tipsters.
- Price per gram: The price per gram is the pure material price per gram of crystallized osmium, displayed in Swiss francs.
- Retail price: The price for an osmium piece is the price displayed in the online shop (www.buy-osmium.com) in local currency, being the sum of the price per gram and the individual manufacturing costs for said osmium piece. The online shop is operated and maintained by the Osmium-Institute Germany.
- Discount: The difference between the retail price and the discounted price for which a partner can buy osmium, granted to them according to their status.
- Tipster: Legal or natural persons involved in the initiation of a sale or the onboarding of a new partner. Tipsters can and may also be retailers or wholesale partners in a dual function.
- Referrer Code / Referral Code: A unique code consisting of several letters, possibly also forming a word, assigned to each tipster. A QR code or a deep link is also used for the assignment, which branches from an internet page directly into the region of the online shop belonging to the referrer.
Preamble:
This tipster regulation is published and kept up to date by the Osmium-Institute Germany. It provides information on compensation to tipsters, monopolies and pricing.
The comprehension of these regulations as well as the confirmation of this comprehension and the agreement to the set rules for partners are prerequisites for the completion of the onboarding process. Tipster Regulation
Online training
In order to be able to prove that they have acquired specialist knowledge in the use of osmium, each partner is obliged to complete a course of the Osmium-Institute Germany in the network and pass the corresponding test on www.osmium-academy.com.
Monopoly disclosure of crystalline osmium
Osmium is a precious metal and is traded internationally. It occurs in platinum mines associated with platinum. Osmium is often offered there as a so-called compound, for example as “Osmium Tetroxide.” Osmium is metallurgically separated from other metals and is only pure enough to be used after a few processing steps.
The pure form of osmium is not poured into ingots, as is usual with other precious metals, but bottled. At this stage, it is often referred to as “osmium sponge.” Osmium sponge is the raw form of osmium, which is also used for crystallization. The crystallization process is the process of rearranging atoms into a new crystal structure. With the change of the crystal structure, the chemical and physical properties also change.
This monopoly disclosure relates solely to crystalline osmium.
The process of crystallization is not generally known in the scientific community and is not available to other companies. Crystalline osmium is therefore marketed exclusively by the German Osmium Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH. Osmium in its crystalline form is only available for the German Osmium-Institute mentioned above from a single source in Switzerland. The complex process of crystallizing osmium is currently mastered only by the supplier in Switzerland.
The German Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH has concluded an exclusive agreement with the supplier in Switzerland without any time limit. The purpose of the agreement is a regulated introduction into the market via the German Institute, which has been exclusively commissioned with this task by the Swiss company. The employees of the institute have the obligation to act according to strict scientific principles and to provide each piece of osmium with a certificate of authenticity.
In addition, the Osmium-Institute Germany maintains a database in which high-resolution scans of every osmium piece in circulation are stored. The purpose of the database is to compare the crystal structure of a real piece of osmium with its certification and high-resolution scan. Every owner of osmium has the right to retrieve data about their osmium from this database at any time if they identify themselves as the owner of the osmium. Proof is provided by submitting or entering the Osmium Identification Code, which is provided with each piece of Osmium. The Osmium Identification Code is an eight-digit alphanumeric code.
The Osmium Institute’s monopoly is created by both its acting as the sole official authority for distribution of crystallized osmium as well as its exclusivity agreement with the laboratory in Switzerland wherefrom crystallized osmium is produced.
Pricing, which takes place in Switzerland, is also linked to the monopoly. Osmium is currently not traded through a trading system. The price is not represented by a market rate. However, the supply Tipster Regulation of raw osmium and the demand for crystalline osmium have a significant influence on the price. The price is formed and published each day taking into account the following essential factors:
Supply of raw osmium, supply of crystalline osmium offcuts for re-distillation, option contracts for raw osmium, current stock level of raw osmium, number of crystallization ovens, electricity price, personnel costs, laboratory safety costs, build-up of reserves, certification and packaging costs, cut prices for crystalline osmium, demand for crystalline osmium, current sales of crystalline osmium and several minor weighted factors.
The most important aspect of daily pricing is the output rate. The output rate is the amount of osmium that can be used after growing the crystals and does not have to be returned to the process. The resulting waste of unusable crystals must be re-distilled several times and recrystallized with great technical and financial effort. Osmium Institutes in other countries of the world have the task to introduce osmium to the local market and to certify the authenticity of pieces in circulation.
Referrer code:
The referrer code is used for two purposes.
1.) The online trading platform allocates the commissions to the affiliate whose referrer code was entered during a purchase by a customer. It also grants commissions the affiliates in levels above them, who also profit from the transaction through the referral code.
2.) Referrer Codes are necessary to organize the market structure between partners and buyers and to create definite assignments in the structure. Customer movements are also tracked during the customer's decision-making process and evaluated at the Osmium Institute to prevent customer phishing, to control allocations, and if necessary, rewrite allocations. Osmium Institutes are committed to the principle of "acting in good faith".
Partner B needs the Referrer Code of an existing Partner A for their own initial registration in the onboarding process. Partner A typically passes their code on to Partner B in order to integrate this partner in the growing structure among themselves. In the onboarding process, Partner B defines their own unique Referrer Code to acquire their own partners. After successful completion of the onboarding process, Partner B is assigned under Partner A.
The structure that is created in this way is floating. It represents a payment assignment that extends over two levels above the transaction level. It does not contain any higher-level hierarchy or instruction commitment. The number of levels is limited to two in order to clearly avoid classification as multilevel marketing.
Each partner should play an active role in building the tipster structure and finding new partners for its growth. This process is documented in the online sales tool in order to reserve new partners who are not yet involved. The online sales tool can be accessed via www.buy-osmium.com and www.osmium-sales.com. The reservation will last for six months. After the end of this time period, the new partner is no longer bound, unless they have been registered and onboarded or have signed a contract. Tipster Regulation
Mediation of sales by tipsters and commissions
After completion of the onboarding process, each partner is entitled to a general purchase discount of 6.0% for their own purchases.
In the brokerage business, the goods are purchased via a trading partner, the online platform of a trading partner, the online shop www.buy-osmium.com using the referrer code, a QR code or a deep link. The sale is handled by the State Institute Partner or via a wholesale partner. For the mediation of a direct sale or a sale through a retail partner, the referrer is entitled to a commission based on the respective turnover of a customer.
Level model for the distribution of commission:
The partner whose referrer code was provided by the end customer during the purchase will receive a commission. The commission is always 6.0%. This level in the flowing model, where a purchase is made and a referrer code is assigned by a real purchase, is called transaction level (level 0).
In two levels above the transaction level, those referrers who have built up the corresponding structure of affiliates in direct succession to each other earn money on each transaction.
The broker in the transaction level (level 0) receives 6.0% commission, regardless of whether they made the purchase for their own purposes or whether a customer made a purchase using their referrer code. They themselves must also enter their own referrer code when making a purchase for their own purposes, as they pay 100% of the end customer price and then receive a 6.0% rebate as a referrer commission on their own purchase.
Intermediaries who do not become retail or wholesale partners are entitled to payout levels in the same way under the Osi model as described further in a separate document. This means tipsters as well as trading partners can earn up to 11% payout levels based on previous months’ sales through the Osi model. However his 11% discount remains impermanent and dependent on prior monthly sales.
The level directly above the transaction level (level 0) is called level 1. On this level, 3.0% commission is distributed. Level 2 receives 2.0%.
All commissions at each level are based on a percentage of the net retail selling price actually received to the account of the retailer or distributor. All commissions are paid out in the month following each transaction. The partner has the choice of receiving the payout in the form of cash or osmium. The commission claim does not expire. In the case of payment in the form of osmium, there is also the entitlement to the transaction level discount.
The Osmium Sales Server, operated by the Osmium-Institute Germany, lists all transactions and commissions of each affiliate and shows detailed and up-to-date information about their earnings which are due for payout.
The Osi Model
The Osi model is a points model and gives tipsters with good referral performance the opportunity to increase the purchase discount for personal use, retail, and wholesale. Tipster Regulation
In addition, it regulates an increased commission payout in the settlement month in relation to sales in the previous month.
The model is described in a separate document.
Further information
For outstanding commitment or the recruitment of plenty of new partners, the assigned country State Institute Partner may give consideration to further incentives including travel, invitations to events, support of Partners’ events, company cars or other benefits or goods. These incentives may be subject to change and will be displayed on www.osmium-sales.com, if available.
Obtain more information on www.osmium-sales.com and www.osmium-dlc.com:
- Access to the Online Sales Tool
- Explanation of Onboarding
- Access to strategic sales plans
- Access to templates, cover letters and various sales materials
The Osi model
The Osi model is a points model and gives retailers and wholesalers with good sales performance the opportunity to increase the purchase discount for own use, retail and wholesale.
However, the Osi account does not represent an account and Osis are not a currency. It is an awarding of points in the reward model, which, from its proximity to the phonetics of the term Osmium, has been named Osi.
At the beginning of a calendar month, each partner has accumulated a certain number of Osis. They are debited to activate discount levels from the partner's Osi account at the beginning of each month.
Maximum this automatic debit by the billing system is 10,000 Osis. It represents the maximum discount of 5.0% in that month. If less than 10,000 Osis are collected, they will be debited in full. In this case, the discount results from a linear scale division into ten levels.
For every 1,000 Osis, there is an additional 0.5% discount. For 3,000 Osis, for example, the discount is 1.5%. If there are more than 10,000 Osis or if there is a surplus within a discount level, all remaining Osis are carried forward to the following month and are not lost.
The partner receives Osis registered for the following services:
1 Osi for every 1,- Euro turnover for purchases in the transaction level (level 0)
1 Osi for every 10,- Euro team turnover in level U1 (one level below level 0)
1 Osi for every 100,- Euro team turnover in the levels U2 to U4 below the transaction level
100 Osis for each new participant in events
200 Osis for recruiting a new trading partner or distributor
1.000 Osis For taking and passing the Certified Osmium Partner exam yourself
5.000 Osis For distributors or trading partners who complete the Osmium Train the Trainer program
In the case of the following special circumstances or as a bonus, the Osmium Institute may also award Osis, which are additionally credited:
- 500 Osis per sick day
- 2.000 Osis on birthday
- 10.000 Osis for the birth of a child
Such voluntary additional osis can also be entered as a fixed monthly allocation:
- For the special status as a jeweler 10.000 Osis per month are added
- For the operation of a retail store 10,000 Osis per month will be added
- For the employment of a full-time employee 3.000 Osis per month are added
- For the status of wholesale partner 10.000 Osis per month will be added.
There is no entitlement to additional Osis, even if Osis have been awarded by an Osmium Institute in a similar case.
Wholesale and retail agreement
Agreement
between
Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH, legally represented by the GM Florian Hauner, Kemmelallee 6, 82418 Murnau am Staffelsee
hereinafter referred to as the "Osmium-Institute Germany”
and
the wholesaler or retailer
__________________________________________________
hereinafter referred to as „ Contractual Partner “
Preamble
The Osmium-Institute Germany is the leading international organization entrusted with the market introduction and certification of crystalline osmium. The purpose of this agreement is to bring crystalline osmium into circulation worldwide, whereby the Contractual Partner actively supports this activity. The Contractual Partner is legally, commercially, contractually and otherwise completely independent of the Osmium-Institute Germany and the Osmium State Institutes of other countries.
1. General Information
The Osmium-Institute Germany uses a number of specific terms in its communication with its Contractual Partners, which are defined below and are then used in this agreement.
1.1. Osmium-Institute Germany
Osmium Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH, the leading international organization entrusted with the market introduction and certification of crystalline osmium.
1.2. Onboarding
Process for integrating new partners.
1.3. Onboarding process
The onboarding process begins with the tipster entering his or her personal data into the database on the "online trading platform" at www.osmium-onboarding.com and selecting his or her own individual referrer code. This is followed by participation in the online training course and the subsequent examination. The natural or legal person or association of persons who has successfully completed these and all further steps in the onboarding process receives a certificate from the Osmium-Institute Germany after passing the test and is thus listed as a partner.
1.4. Online sales tool
Database in which the tipster as well as the retailer or the wholesaler has entered his or her interested parties in order to ensure that, should said interested party make a purchase, this will be taken into account in his or her commission calculation. If this prospective customer does not make a purchase within six months of the information being saved in this database, any partner may then attempt to make or broker a sale with this customer. The tipster, the retailer or the wholesaler can extend this period as often as they wish by reentering the party, provided that the Osmium-Institute Germany agrees to this.
1.5. Osmium
Certified crystalline osmium.
1.6. Partner
Legal or private persons or associations of persons or a similar association of several persons who have successfully completed the onboarding process of the Osmium-Institute Germany, including tipsters.
1.7. Trading partner
Trading partners are Contractual Partners.
1.8. Gram price
The gram price is the pure material price per gram of crystallized osmium in Swiss francs.
1.9. End customer price / retail price
The retail price is quoted in the buyer's local currency in the online shop (www.buy-osmium.com). The retail price is the sum of the gram price and the individual processing costs for each piece of osmium in the online shop of the Osmium-Institute Germany.
1.10. Discount
The difference between the reduced price at which a partner can buy osmium and the retail price. The discount is granted to the partner according to their status and may vary between 6 and 11 %.
1.11 Tipster
Legal or private persons or association of persons or a similar association of several persons whose initial indication led to a sale or a new partner being acquired. Tipsters can also be retailers or wholesale partners. In this case, the retail or wholesale partner agreement is applicable.
1.12. Retailer
Legal or private persons or associations of persons or a similar association of several persons selling crystalline osmium in their own name and for their own account.
1.13. Wholesaler
Legal or private person or association of persons or a similar association of several persons who sell crystalline osmium in their own name and for their own account and have been approved as wholesalers by the Osmium-Institute Germany or the responsible state institute.
1.14. Referrer code
A code consisting of several letters that may also form a word that uniquely assigns a wholesale or retail partner in the structure. A QR code (quick response, square matrix of white and black squares, which represent the coded data in binary form) or a deep link (direct reference to a very specific "deeper" subpage of an internet presence or web-based application), which branches directly from an internet page to the region of the online shop belonging to the referrer, is also used for the assignment.
1.15. Online training
In order to be able to prove that they have acquired specialist knowledge in dealing with osmium, every potential future partner is obliged to complete a training course at the Osmium-Institute Germany online at www.osmium-academy.com and to pass the corresponding examination.
2. Monopoly disclosure regarding crystalline osmium
2.1. Osmium as precious metal
Osmium is a precious metal and is traded internationally. It occurs in platinum mines associated with platinum. In these mines, osmium Kommentiert [JS1]: Auch auf deutsch anpassen!! is often offered as a so-called compound, for example as osmium tetroxide. Osmium is separated metallurgically from other metals and is only pure enough to be used after several processing steps. The pure form of osmium is not poured into ingots, as is common with other precious metals, but filled into bottles. At this stage it is referred to as the so-called osmium sponge. Osmium sponge is the raw form of osmium, which is also used for crystallization. The crystallization process is the process of rearranging atoms in the crystal to produce a new crystal structure. With the change of the crystal structure, the chemical and physical properties also change.
2.2. Crystalline Osmium
This monopoly disclosure refers solely to crystalline osmium.
2.3. Crystallization of osmium
The process of crystallization is not generally known in the scientific community and is currently not available to other companies. Crystalline osmium is therefore exclusively introduced into the market by the Osmium-Institute Germany. Osmium in its crystalline form is only available to the Osmium-Institute Germany from a single source in Switzerland.
2.4 The agreement of exclusivity
The Osmium-Institute Germany has concluded an exclusive agreement with the supplier in Switzerland without any restriction on duration. The purpose of the agreement is a regulated market introduction via the Osmium Institute-Germany, which was exclusively commissioned with this task by the Swiss company. The employees of the institute are obliged to act according to strict scientific principles and to provide each piece of osmium with a certificate of authenticity.
2.5. The Database
In addition, the Osmium-Institute Germany maintains a database in which the high-resolution scans of the Osmium pieces in circulation can be queried internationally. The purpose of the database is to compare the crystal structure of a real osmium piece with its scan from certification. Every owner of osmium has the right to retrieve data about his osmium from this database at any time if he or she identifies himself as the owner of the osmium. Proof is provided by submitting or entering the Osmium Identification Code, which is supplied with each piece of Osmium. The Osmium Identification Code is an eight-digit letter and number code.
2.6. The Monopoly
The Osmium-Institute Germany's sole market introduction of osmium results in a monopoly which is linked to the monopoly for crystallization, i.e. the process of changing the crystal structure of osmium.
3. Pricing
3.1. No trading in a trading system
Pricing, which takes place in Switzerland, is also linked to the monopoly. Osmium is currently not traded through a trading system. The price is not represented by a market rate. However, the supply of raw osmium and the demand for crystalline osmium have a significant influence on the price.
3.2. Price transparency
The price is formed and published each day taking into account the following essential aspects:
Supply of raw osmium, supply of crystalline osmium offcuts for redistillation, option contracts for raw osmium, current stock level of raw osmium, number of crystallization furnaces running, electricity price, personnel costs, laboratory safety costs, reserve building, certification and packaging costs, cutting prices for crystalline osmium, demand for crystalline osmium, current sales of crystalline osmium and several minor weighted factors.
3.3. Harvest rate as an aspect of pricing
The most important aspect of daily pricing is the harvest rate. The harvest rate is the amount of osmium that can be used after the crystals have been grown and does not have to be returned to the process. The resulting waste of unusable crystals has to be distilled several times and recrystallized with high technical and monetary effort.
4. The contracting parties
4.1. The Osmium-Institute Germany
The Osmium-Institute is a monopoly company in the legal form of a German limited liability company entrusted with the market introduction and certification of crystalline osmium. The Osmium-Institute Germany is building a worldwide structure, which establishes an Osmium-Institute in as many countries of the world as possible, with subordinate national trading partners as wholesale and retail partners as well as tipsters.
It trains and certifies these business partners and also certifies crystalline osmium worldwide and sends it to the respective national institutes. In addition, the Osmium-Institute Germany maintains the corresponding database in which all pieces of crystalline osmium placed on the market by the Osmium-Institute Germany are certified and these certificates are stored through a code, the OIC.
4.2. The retailer
The retailer is a legal or private person, a partnership or a similar association of several persons. A retailer can only be someone who has successfully completed the onboarding process, including appropriate training and passed the examination, with explicit acknowledgement of the conditions set by the Osmium Institute Germany. The retailer is neither an agent nor an employee of the Osmium-Institute Germany. He acts in his own name and for his own account towards the customers.
4.3. The wholesaler
Legal or private person or association of persons or a similar association of several persons who sell crystalline osmium in their own name and for their own account and have been approved as wholesalers by the Osmium-Institute Germany or the responsible state institute.
The prerequisite for being classified as a wholesaler in Germany is, on the one hand, an application to the Osmium-Institute Germany and, in all other countries, an application to the relevant national institute if an osmium institute has already been established. The application can be made by any retailer who fulfils the corresponding requirements in the form of a minimum turnover within a certain period of time specified by the Osmium-Institute Germany.
The Osmium-Institute Germany and, after consultation with the Osmium-Institute Germany, the respective national institutes are free to reject applications without giving reasons. There is no claim to classification as a wholesaler. Only those who have successfully completed the onboarding process, including the appropriate training and passed the examination with explicit acknowledgement of the conditions set by the Osmium-Institute Germany can be a wholesaler.
5. Rights and obligations of the trading partner
5.1. Partner status
The trading partner must be approved by the institution as a Contractual Partner. This contract becomes legally effective only after successfully passing the examination. For this reason, admission as a Contractual Partner is also subject to successfully passing the examination.
5.2. Possible dual function
As a partner, the retailer or wholesaler can also be a tipster. If the retail or wholesale partner is also a tipster, his claims arising from his activity as a tipster shall be based exclusively on the retail or wholesale partner agreement.
5.3. Freedom from instructions
The wholesaler or retailer is not bound by instructions. An exception is the binding of prices to the respective prices of the Internet site www.osmium-preis.de. Should the retailer modify prices in the sale arbitrarily, he may lose his status without giving further reasons. In this case he will no longer be supplied and loses the right to use documents of the Osmium-Institute. In addition, the Osmium-Institute may impose a penalty in the amount of the price differences granted.
5.4. No territorial protection and no right of representation
The wholesaler or retailer has neither territorial protection nor a right of representation. He may not make or accept any declaration with effect for or against the Osmium-Institute Germany and may not act on behalf of the Osmium-Institute Germany or any country institute.
5.5. Task of the wholesaler or retailer
The Contractual Partner’s task is to sell crystalline osmium on his own behalf and for his own account.
This is done by the Contractual Partner either naming potential new partners for the Osmium-Institute Germany or potential end customers with their explicit consent in compliance with data protection regulations in a way that enables the Osmium-Institute Germany to either carry out an onboarding process (when naming potential partners) or to sell crystalline osmium to end customers. In his function as retailer or wholesaler, the Contractual Partner acquires crystalline osmium from his relevant state osmium institute for the purpose of resale to retailers or end customers.
5.6. List of records
The Contractual Partner must keep a list of his sales of crystalline osmium and, at the request of the Osmium-Institute Germany, must disclose this list to the Osmium-Institute Germany immediately, completely and free of charge at any time.
5.7. Examinations
Failure to provide evidence of participation in and passing the main examination, as well as any subsequent refresher examination to expand the expertise required to perform the tasks, will result in the forfeiture of any commissions six months after the invitation to the examination. No refund is available after retaking an examination. However, the commission models will be reinstated upon passing all examinations. Failure to comply with the refresher examination may, at the discretion of the Osmium Institute, lead to exclusion from the sales network. In the event of disputes, the Osmium World Council OWC GmbH will be the arbitration body.
6. Discounts of the wholesaler or retailer
6.1. Successful onboarding process
If the Osmium-Institute Germany carries out an onboarding process for a new partner, this onboarding process must be successfully completed by the new partner. Then this new partner in turn must bring crystalline osmium into circulation in order to trigger a commission claim.
6.2. Claim for commission arises
If the Contractual Partner names an end customer abroad, a commission claim based on the net price paid by the end customer to the Osmium-Institute Germany will only be generated if this end customer buys, acquires and pays for crystalline osmium. This applies both to the brokerage of a direct sale and to the brokerage of a sale by a trading partner.
6.3. Information obligation
The Osmium-Institute Germany will inform the Contractual Partner of the business transactions that have come about according to section 6.1. or 6.2.
6.4. Brokerage business abroad
In the brokerage business, the goods are purchased via a trading partner, the online platform of a trading partner, the online shop www.buy-osmium.com using the recommender code, a QR code or a deep link. The sale is handled by the State-Institute partner, a retailer or a wholesale partner abroad.
7. Calculation, due date and payment of commission
7.1. Level 0
The tipster receives a one-time commission of 6% on the net final sale price on all purchases made by and for himself from the Osmium-Institute Germany (level 0). The sale of crystalline osmium by the Osmium-Institute Germany always represents level 0 to the buyer. The levels are numbered starting from the buyer.
7.2. Level 1
If the tipster provides evidence that leads to the successful onboarding of a new partner and this new partner then makes successful sales of crystalline osmium, the tipster then receives a commission of 3% on the net retail price (level 1) from these transactions.
7.3. Level 2
If the tipster provides evidence that leads to the successful onboarding of a new tipster at the Osmium-Institute Germany and this new tipster then buys crystalline osmium for his own use or this new tipster provides evidence that leads to the successful onboarding of a new partner at the Osmium-Institute Germany and this new partner then successfully sells crystalline osmium, the tipster then receives a commission of 2% on the net retail price from these transactions (Level 2).
7.4. Non-cash payment
The commission will be calculated according to the above rules by the Osmium-Institute Germany, taking into account the commission levels and in addition the respective valid legal sales tax, provided that the Contractual Partner as a tipster has not proved to the Osmium-Institute Germany in a qualified manner that he is not subject to sales tax or exempt from sales tax, to a bank account named and owned by the tipster. There will be no cash payment of commissions. The commission is due in the month following a transaction.
7.5. Listing
The commissions due for payment from each partner are listed - in compliance with data protection regulations - on the basis of the sales made on the Osmium Sales Server of the Osmium-Institute Germany.
8. Marketing and advertising
The Contractual Partner may only carry out marketing and advertising activities with the prior approval of the Osmium-Institute Germany. The prior approval must be given in writing. Marketing and advertising measures on the part of the wholesaler or retailer may only be carried out in accordance with the specifications of the Osmium-Institute Germany and only with the use of material which has either been explicitly made available exclusively by the Osmium-Institute Germany for this purpose, or has been checked and expressly approved by the former to the wholesaler or retailer in writing for marketing and advertising purposes.
9. Internet presence and appearance/presence in other electronic media
Any internet presence of the Contractual Partner as such must be approved in advance by the Osmium-Institute Germany. Regarding the representations and documents used, the regulations of number 8 apply. The same applies to the appearance/presence or any other representation in other electronic media, no matter what kind, also non-commercial.
10. Costs of the Contractual Partner
The Contractual Partner bears all costs incurred by him, also with regard to presentations, advertising, internet presence, travel costs, etc.
11. Competition agreements
There are no agreements or restrictions on competition.
12. Duration and termination
12.1. Duration
This agreement is concluded for an indefinite period of time.
12.2. Notice period
Either party may terminate this agreement by giving four weeks’ notice to the end of the quarter.
12.3. Termination without notice
Either Party may terminate this agreement without notice for serious reasons. An important reason occurs in particular if essential terms of this contract are violated.
12.4. Written form requirement
Notice of termination must be given in writing.
13. Other provisions
13.1. Supplementary regulations
If supplementary regulations are agreed, they must be bindingly attached to this contract.
13.2. German law
The contract is subject to German law to the exclusion of international private law and to the explicit exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
13.3. Contract language
The contract language is English.
13.4. Place of jurisdiction
The place of jurisdiction is - as far as legally permissible - Munich, Germany.
13.5. No participation in consumer dispute settlement procedures
The Osmium-Institute Germany does not participate and is not obliged to participate in EU dispute resolution proceedings or other dispute resolution proceedings before consumer arbitration bodies.
13.6. Text form requirement
Amendments and supplements to the contract must be made in writing in order to be effective (e-mail is sufficient). This also applies to the cancellation of the text form requirement itself.
13.7. No assignment
Claims of the wholesaler or retailer against the Osmium-Institute Germany and/or its employees - for whatever legal reason - can only be assigned to third parties with the consent of the Osmium-Institute Germany and only in writing. Such consent may not be unreasonably withheld.
13.8. Preliminary contracts
The signature of this agreement shall terminate any agreement previously concluded between the parties. It is hereby agreed that no mutual claims of any kind whatsoever shall exist.
13.9. Severability clause
Should any provision of the agreement be or become void, ineffective or unenforceable in whole or in part, this shall not affect the effectiveness of the remaining provisions. The void, ineffective or unenforceable provision shall be replaced by a provision which corresponds to the objectives pursued by the parties with the void, ineffective or unenforceable provision, insofar as this is legally permissible and possible. The same shall apply in the event of a loophole. The replacing provision shall then be deemed to have been agreed from the beginning (or from the time of nullity, ineffectiveness or unfeasibility).
14. Signatures
Place:_________________________ Place:_______________________
Date:_________________________ Date:_______________________
____________________________________ ____________________________________
Signature Osmium-Institut Deutschland Signature wholesale or retail
Tipster regulatory
Agreement
between
Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH, legally represented by the
GM Florian Hauner, Kemmelallee 6, 82418 Murnau am Staffelsee
hereinafter referred to as the "Osmium-Institute Germany”
and
the tipster
__________________________________________________
hereinafter referred to as „tipster“
Preamble
The Osmium-Institute Germany is the leading international organization entrusted with the market introduction and certification of crystalline osmium. The purpose of this agreement is to bring crystalline osmium into circulation worldwide, whereby the tipster actively supports this activity. The tipster is legally, commercially, contractually and otherwise completely independent of the Osmium-Institute Germany and the Osmium State Institutes of other countries.
1. General Information
The Osmium-Institute Germany uses a number of specific terms in its interaction with its contractual partners, which are defined below and used in this agreement.
1.1. Osmium-Institute Germany
Osmium-Institut zur Inverkehrbringung und Zertifizierung von Osmium GmbH, is the leading international organisation responsible for the market introduction and certification of crystalline osmium.
The Osmium-Institute Germany prepares and publishes all regulations for the trade and handling of crystalline osmium.
1.2. Onboarding
Process for implementing new partners via an internet tool.
1.3. Onboarding process
The onboarding process takes place when a tipster first enters his personal data into the database on the "online trading platform" at www.osmium-onboarding.com and individually selects his own referrer code. Afterwards, the user takes part in the training course and then takes the exam. The natural or legal person or association of persons who have successfully completed these steps will receive a certificate from the Osmium-Institute Germany after passing the examination and will thus be listed as a partner. After the first registration, the tipster can also obtain a different status and become a trader.
1.4. Online sales tool
Database in which a national wholesale partner, a national Osmium-Institute, tipsters, retailers or wholesalers have entered their prospective customers and partners to ensure that if this prospective customer makes a purchase, this will be taken into account when calculating their commission. If this prospective customer does not make a purchase within six months of the data being entered into this database, each partner may thereafter endeavor to make or broker a purchase with this customer. The tipster, retailer or wholesaler can extend this period, provided the Osmium-Institute Germany agrees to this.
1.5. Osmium
Certified crystalline osmium. Element with atomic number 76 in the natural isotope mixture and a purity of over 99.9995 percent.
1.6. Partner
Legal or private persons or associations of persons or a similar association of several persons who have successfully completed the onboarding process of the Osmium-Institute Germany, including tipsters.
1.7. Gram price
The price per gram is the pure material price per gram of crystallized osmium, indicated in Swiss francs. On all internet pages that display the gram price, the daily updated prices in USD and EUR are also shown. However, the basis for calculating the price in Switzerland is always the national currency, the Swiss franc.
1.8. End customer price / retail price
The retail sales price is indicated in the buyer's local currency in the online shop (www.buy-osmium.com). The retail price is the sum of the gram price and the individual processing costs for each piece of osmium and is stated in the online shop of the Osmium-Institute Germany or an online shop of a Wholesale Partner.
1.9. Discount
The difference between the reduced price at which a partner can buy osmium and the retail price. The discount is granted to the partner according to their status and is between 6 and 11 %.
1.10 Tipster
Legal or private persons or association of persons or a similar association of several persons whose initial indication led to a sale or a new partner being acquired. Tipsters can also be retailers or wholesale partners. In this case, the retail or wholesale partner agreement is applicable.
1.11. Referrer code
A code consisting of several letters, which may also form a word that uniquely identifies a wholesale or retail partner in the structure. A QR Code (quick response, square matrix of white and black squares that represent the coded data in binary form) or a deep link (direct reference to a specific "deeper" subpage of a website or web-based application) that branches from an internet page directly to the region of the online shop associated with the recommender.
1.12. Online training
In order to be able to prove that they have acquired specialist knowledge in dealing with osmium, every potential future partner is obliged to complete a training course of the Osmium-Institute Germany online at www.osmium-academy.com and to pass the corresponding test.
2. Monopoly disclosure crystalline osmium
2.1. Osmium as a precious metal
Osmium is a precious metal and is traded internationally. It is mainly found in platinum mines associated with platinum. Osmium is often offered there as a so-called compound, for example as osmium tetroxide. Osmium is separated metallurgically from other metals and is only pure enough to be used after a few processing steps. The pure form of osmium is not cast in ingots, as is customary for other precious metals, but bottled. At this stage it is called osmium sponge. Osmium sponge is the raw form of osmium, which is also used for crystallization. The crystallization process is the process of rearranging atoms in the crystal to create a new crystal structure. As the crystal structure changes, the chemical and physical properties also change.
2.2. Crystalline osmium
This monopoly disclosure relates only to crystalline osmium.
2.3. Crystallization of osmium
The process of crystallization is not generally known in the scientific community and is not yet available to other companies. Crystalline osmium is therefore only marketed by the Osmium-Institute Germany. Osmium in its crystalline form is only available for the Osmium-Institute Germany from a single source in Switzerland. The complex process of osmium crystallization is currently only mastered by the supplier in Switzerland.
2.4. The exclusive agreement
The Osmium-Institute Germany has concluded an exclusive agreement with the provider in Switzerland with no limitation in duration. The purpose of the agreement is a regulated introduction into the market via the Osmium-Institute Germany, which has been exclusively commissioned with this task by the Swiss company. The employees of the Institute are obliged to act according to strict scientific principles and to provide each piece of osmium with a certificate of authenticity.
2.5. The database
In addition, the Osmium-Institute Germany maintains a database in which the scans of osmium pieces in circulation can be queried internationally. The purpose of the database is to enable a comparison of the crystal structure of a real piece of osmium with its scan from the certification. Every owner of osmium has the right to query data about his osmium from this database when he enters the respective OIC on the www.osmium-identification-code.com. Proof is provided by presenting or entering the Osmium Identification Code (OIC for short), which is supplied with each piece of osmium. The Osmium Identification Code is an eight-digit letter and number code that follows a one- to three-digit classification code.
2.6. The Monopoly
Through the sole introduction of osmium into the market by the Osmium-Institute Germany, a monopoly exists which is linked to the monopoly on crystallization, i.e. the process of changing the crystal structure of osmium.
3. The pricing system
3.1. No trading in a trading system
The monopoly also applies to pricing, which takes place in Switzerland. Osmium is currently not traded via a trading system. The price is not represented by a market rate. However, the supply of raw osmium and the demand for crystalline osmium are the main factors influencing the price.
3.2. Price transparency
The price is formed and published every day, taking into account the following key aspects:
Supply of raw osmium, supply of crystalline osmium offcut for redistillation, option contracts for raw osmium, current stock of raw osmium, number of crystallization furnaces, electricity price, costs for personnel, costs for safety in the laboratory, establishment of reserves, costs for certification and packaging, cut prices for crystalline osmium, demand for crystalline osmium, current sales of crystalline osmium and several less weighted factors.
3.3. Harvest rate as an aspect of pricing
The most important aspect of daily pricing is the harvest rate. The harvest rate is the amount of osmium that can be used after the crystals have been grown and does not have to be returned to the process. The resulting scrap of unusable crystals must be distilled several times and recrystallized at high technical and monetary costs.
4. The contracting parties
4.1. The Osmium-Institute Germany
The Osmium-Institute is a monopoly company in the legal form of a German limited liability company entrusted with the market introduction and certification of crystalline osmium. The Osmium-Institute Germany is building a worldwide structure, which establishes an Osmium-Institute in as many countries of the world as possible, with subordinate national trading partners as wholesale and retail partners as well as tipsters. It trains and certifies these business partners and also certifies crystalline Osmium worldwide and sends it to the respective national institutes. In addition, the Osmium-Institute Germany maintains the corresponding database in which all pieces of crystalline osmium placed on the market by the Osmium-Institute Germany are certified and these certificates are stored through a code, the OIC.
4.2. The tipster
The tipster is a legal or natural person, a partnership or a similar association of several persons. Only those who have successfully completed the onboarding process and the corresponding training and - after passing the examination - certification of this training at the Institute with express recognition of the conditions set by the Osmium-Institute Germany can be a tipster. The tipster is neither an employee nor a collaborator of the Osmium-Institute Germany.
5. Rights and obligations of the tipster
5.1. Partner status
The tipster must be approved by the institute as a partner.
5.2. Possible dual function
As a partner, the tipster can also be a retailer or wholesaler in addition to its function as a tipster. If the tipster is also a retail or wholesale partner, the claims as a tipster are based exclusively on the retail or wholesale partner agreement.
5.3. Freedom from instructions
The contractual partner is not bound by instructions.
5.4. No territorial protection and no right of representation
The tipster has neither territorial protection nor a right of representation. He/she may not make or accept any statement with effect for or against the Osmium-Institute Germany, nor may he/she appear or act on behalf of the Osmium-Institute Germany.
5.5. Task of the tipster
The task of the tipster is to introduce interested parties and potential buyers of osmium to the Osmium-Institute Germany, a state institute partner or a wholesale partner. This is done by naming either potential new partners for the Osmium-Institute Germany or potential end customers with their express consent and in compliance with data protection regulations in such a way that the Osmium-Institute Germany is enabled to either (when naming possible partners) carry out an onboarding process or sell crystalline osmium to end customers. In doing so, the tipster has to inform the interested parties and potential buyers he has recruited about his referrer code and point out to them that they have to provide this referrer code to the Osmium-Institute Germany when buying or brokering.
5.6. List of evidence
The tipster must keep a record of the sales of crystalline osmium made by him/her and, at the request of the Osmium-Institute Germany, must disclose this to the Osmium-Institute Germany at any time immediately, completely and free of charge.
This measure serves as a supplement to and safeguarding of the electronic ordering system, which documents all purchase and sales transactions
5.7. Examinations
Failure to provide evidence of participation in and passing the main examination, as well as any subsequent refresher examination to expand the expertise required to perform the tasks, will result in the forfeiture of any commissions six months after the invitation to the examination. No refund is available after retaking an examination. However, the commission models will be reinstated upon passing all examinations. Failure to comply with the refresher examination may, at the discretion of the Osmium Institute, lead to exclusion from the sales network. In the event of disputes, the Osmium World Council OWC GmbH will be the arbitration body.
6. Commission of the tipster
6.1. Successful onboarding process
If the German Osmium-Institute conducts an onboarding process for a new partner named by a tipster, this onboarding process must be successfully completed by the new partner. Then this new partner must bring crystalline osmium into circulation in order to trigger a commission claim from the tipster.
6.2. Entitlement to commission
If the tipster names an end customer, a commission claim based on the net price that the end customer pays to the Osmium-Institute Germany is only triggered if this end customer buys, acquires and pays for crystalline osmium. This applies both to the mediation of a direct sale and to the mediation of a sale by a trading partner.
6.3. Information obligation
The Osmium-Institute Germany will inform the tipster of the transactions that have come about in accordance with section 6.1. or 6.2. The notification is carried out by displaying the purchase in the partner area of the billing software. An active push message is only carried out in special cases.
6.4. Brokerage business
In the brokerage business, the goods are purchased via a trading partner, the online platform of a trading partner or the online shop www.buy-osmium.com using the recommender code, a QR code or a deep link. The sale is handled by the State Institute Partner, a retailer or via a wholesale partner.
6.5. Refund of commissions
If the purchase is cancelled for a reason beyond the control of the Osmium-Institute Germany, the State Institute Partner or a wholesale partner or retailer, the commission must be refunded. In such a case, after the purchase price has been refunded to the buyer, the commission is to be refunded by the tipster within two weeks or will be offset against outstanding commissions in accordance with the Osmium-Institute Germany.
7. Calculation, maturity and payment of the commission
7.1. Level 0
The tipster receives a one-time commission of 6% of the net retail price on all purchases made by the tipster himself at the Osmium-Institute Germany (level 0). The sale of crystalline osmium by the Osmium-Institute Germany always represents level 0 for the buyer. The levels are counted starting from the buyer.
7.2. Level 1
If the Tipster provides proof that leads to the successful onboarding of a new Partner and if this new Partner then makes successful sales of crystalline osmium, the tipster will then receive a commission of 3% on the net retail price (Level 1).
7.3. Level 2
If the Tipster provides evidence that leads to the successful onboarding of a new Tipster at the Osmium-Institute Germany and if this new Tipster then purchases crystalline osmium for his own use or if this new Tipster provides proof that leads to the successful onboarding of a new Partner at the Osmium-Institute Germany and if this new Partner then makes successful sales of crystalline osmium, the Tipster will then receive a commission of 2% on the net retail price (Level 2).
7.4. Non-cash payment
The commission will be invoiced according to the above regulations by the Osmium-Institute Germany, taking into account the commission levels plus the respective valid legal VAT, if the tipster has not provided qualified proof to the Osmium-Institute Germany that he/she is not subject to VAT or exempt from VAT, and will be transferred to an account named by the tipster in text form and registered in his/her name. For this purpose, the Tipster must provide the German Osmium Institute with complete and valid bank details in writing within 8 weeks after the Osmium Institute has invoiced the commission. There will be no cash payment of commissions. The commission is due in the month following a transaction. If the Osmium-Institute Germany is not provided with bank details or if these cannot be determined, the Osmium-Institute Germany will twice ask the tipster in text form to provide his bank details. If these are not provided, not provided completely or not provided on time, the Osmium-Institute Germany will pay the commission to the tipster in the form of goods within two weeks after the last request.
7.5. Listing
The commissions due for payment for each Partner are listed on the Osmium-Sales Server of the Osmium-Institute Germany on the basis of the sales made, in compliance with the data protection regulations.
7.6. Right of choice
The tipster has the commission payout choice between cash or in the form of crystalline osmium. He must inform the Osmium-Institute Germany of his choice in writing immediately after receipt of the statement. If no such notification is received by the time the payment is due, the commission will be paid out in cash, unless the tipster has not provided a bank account on time and in text form.
7.7. Taxation
Only the tipster is responsible for the correct taxation of commissions received.
7.8. Expiry date
Commission claims expire at the latest three years after the conclusion of an end-customer transaction, which has come about as a result of causal evidence on the part of the tipster within the context of levels 0 to 4.
8. Marketing and advertising
The tipster may only carry out marketing and advertising measures with the prior consent of the Osmium-Institute Germany. The prior approval must be given in text form. Marketing and advertising measures on the part of the tipster may only be carried out in accordance with the specifications of the Osmium-Institute Germany and only by using material that has either been made available exclusively by the Osmium-Institute Germany or has been tested by the Osmium-Institute Germany for use and has been expressly approved for marketing and advertising purposes in text form.
9. Internet presence and appearance/presence in other electronic media
Every internet presence of the tipster as a tipster must be approved in advance by the Osmium-Institute Germany. With regard to the presentations and documents used, the regulations under section 8 apply. The same applies to the appearance/presence or any other presentation in other electronic media, of whatever kind, also non-commercial. For the duration of this agreement, the Osmium-Institute Germany grants the tipster a free right of use to all audio, text, video content or other works of the Osmium-Institute Germany published and protected by copyright in electronic media or in any other way. With the termination of this agreement, these rights of use also expire without the need for a separate termination. Furthermore, the Osmium-Institute Germany may prohibit the tipster in writingfrom using these rights at any time.
10. Costs of the tipster
The national wholesale partner shall bear all costs incurred by him, also with regard to presentations, advertising, internet presence, travel expenses etc. himself.
11. Competition agreements
There are no competition agreements or restrictions of competition.
12. Term and termination
12.1. Duration
This agreement is concluded for an indefinite period.
12.2. Term of notice
Either party may terminate this agreement by giving two weeks' notice to the end of a month. The termination does not result in the expiration of commission claims from transactions already initiated or executed.
12.3. Termination without notice
Either party may terminate this agreement without notice for good cause. An important reason is given in particular if essential regulations of this contract are violated.
12.4. Text form requirement
The termination must be made in writing.
13. Further provisions
13.1. Supplementary regulations
If supplementary regulations are agreed, they must be bindingly attached to this contract in an appendix.
13.2 German Law
The contract is subject to German law under exclusion of international private law and under explicit exclusion of the UN sales law (CISG).
13.3. Contract language
The contract language is English.
13.4. Place of jurisdiction
The place of jurisdiction is - as far as legally permissible – Munich
13.5. No participation in consumer dispute resolution procedures
The Osmium-Institute Germany does not participate in the EU dispute resolution procedure or other dispute resolution procedures before consumer arbitration bodies and is not obliged to.
13.6. Text form requirement
Amendments and supplements to the contract must be made in writing (e-mail is sufficient) in order to be effective. This also applies to the cancellation of the text form requirement itself.
13.7. No assignment
Claims of the tipster against the Osmium-Institute Germany and/or its employees - for whatever legal reason - can only be assigned to third parties with the consent of the Osmium-Institute Germany and only in text form. Consent may not be unreasonably withheld.
13.8. Severability clause
Should any provision of the agreement be or become invalid, ineffective or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The void, ineffective or unenforceable provision shall then be replaced by a provision which corresponds to the objectives pursued by the parties with the void, ineffective or unenforceable provision, insofar as this is legally permissible and possible. The same applies in the event of a loophole. The replacing provision shall then be deemed to have been agreed from the beginning (or from the time of invalidity, ineffectiveness or impracticability).
14. Signatures
Place:_________________________ Place:_______________________
Date:_________________________ Date:_______________________
____________________________________ ____________________________________
Signature Osmium-Institut Deutschland Signature wholesale or retail
