Ethical Rules and General Advisor Terms
AlpsCon GmbH • Zug, Switzerland
I. Ethical Rules
We welcome you on behalf of our company as a new contracting partner (hereinafter referred to as Advisor) and wish you the best possible success for your activities as an independent contracting partner/tip provider (hereinafter Advisor) of AlpsCon GmbH, represented by Mr. Christian Feiersinger (Founder & CTO), Bösch 73, 6331 Hünenberg / Switzerland (hereinafter: AlpsCon) and above all much enjoyment in your activities as an Advisor. In your work for our company and contact with other people, customer friendliness and safety, seriousness, fair cooperation and compliance with laws and good morals are always our unwavering priorities.
Definition Tip Provider: As tip providers, Advisors may only establish contact between our company and potential interested parties and may not provide any other sales, advisory or mediation services. We expressly point out that in the event of a violation of these requirements, we expressly reserve the right to terminate the contract with the contracting partner acting as Advisor immediately on an extraordinary basis.
Having prefaced the above important explanation, we would now like to ask you to read the following ethical rules, as well as our General Advisor Terms, very thoroughly and to make the requirements your daily guiding principle for carrying out your activities.
Ethical Rules for Dealing with Potential Customers
- At the customer's/interested party's request, a business conversation will be refrained from, the conversation postponed or a conversation that has begun will be ended in a friendly manner.
- During contact with a potential customer, the Advisor expressly points out to the potential interested party that he only establishes contact with AlpsCon for the acquisition of their digital products, without providing any advice or support, which is provided exclusively by the project company or its contracting partner.
- The potential customer is not induced to purchase products or to make contact by means of dishonest and/or misleading promises or by promises of special advantages.
- An Advisor may not make untrue, misleading, exaggerated statements regarding his remuneration or the potential remuneration of other Advisors when recruiting potential Advisors. Furthermore, an Advisor may not guarantee remuneration or foster such expectations.
- An Advisor may not claim that the compensation plan or services of AlpsCon are approved or authorized or supported by a government agency.
Ethical Rules for Dealing with Other Advisors
- Advisors always treat each other fairly and respectfully. The above also applies to dealings with Advisors from other affiliate marketing companies, online sales companies or other direct marketers.
- New Advisors are truthfully informed about their rights and obligations. Statements about possible sales and earning opportunities are to be refrained from.
- No oral assurances may be made regarding services of AlpsCon.
- Advisors are not permitted to persuade other Advisors to change a sponsor within AlpsCon.
- The duties of §7 - 10 of the following General Advisor Terms must always be observed as ethical rules.
Ethical Rules for Dealing with Other Companies
- Towards other companies in the affiliate marketing, social selling sector or other direct marketing sectors, AlpsCon Advisors always behave fairly and honestly.
- Systematic poaching of Advisors from other companies is refrained from.
- Disparaging, misleading or unfair comparative statements about services or distribution systems of other companies are prohibited.
Having prefaced these ethical rules of our company, we would now like to familiarize you with the General Advisor Terms of AlpsCon.
II. General Advisor Terms 1 Scope
(1) The following business conditions are part of every Advisor contract between AlpsCon GmbH, represented by Christian Feiersinger (Founder & CTO), Bösch 73, 6331 Hünenberg / Switzerland, E-mail christian.feiersinger@alpscon.ai (hereinafter: AlpsCon) and the independent and self-employed contracting partner (hereinafter: Advisor), who expressly does not provide and may not provide advice.
(2) AlpsCon provides its services exclusively on the basis of these General Advisor Terms.
Contract Subject (Advisor)
(1) AlpsCon is an innovative company that sells digital products and services. It is expressly pointed out that AlpsCon does not itself directly or indirectly sell FinTech services such as whitepaper-mandatory and/or license-required crypto values, DeFi services, crypto coin trading or comparable services, but exclusively offers digital products such as the non-license-required utility token AlpsCon and further WEB3 and internet products that the acquirer can use for themselves.
(2) The subject of the Advisor activity is the establishment of contact between commercial customers and/or end customers and AlpsCon or one of the partner companies of AlpsCon against receipt of an Advisor commission after successful conclusion of a contract between this customer and AlpsCon or the respective partner company. For this activity, it is not necessary for the Advisor to make financial expenditures, to purchase a minimum number of services from AlpsCon or for the Advisor to recruit other Advisors. Only free registration is required. Additionally, without there being an obligation to do so, there is the further possibility to recruit other Advisors for an Advisor activity for AlpsCon in order to receive a commission participation for other services. The Advisor expressly does not receive a commission for the mere recruitment of a new Advisor. The commission, as well as the manner of payment or other fulfillment of the commission claim, is governed by the compensation plan valid at that time.
(3) For the commencement and execution of his activity, AlpsCon provides the Advisor with an online back office (including affiliate or referral link) that enables the Advisor to have a constantly current and comprehensive overview of his sales, commissions and the customer and downline developments.
General Requirements for Contract Conclusion / KYC Verification Procedure
(1) A contract can be concluded with legal entities, partnerships or natural persons who or whose responsible persons have reached the age of 18 and are entrepreneurs according to the applicable law, if required. A contract conclusion by consumers is not possible.
(2) If a legal entity (e.g. UG, Ltd, GmbH, or AG) or a partnership (e.g. GbR, OHG, KG etc.) submits an Advisor application, the corresponding commercial register extract about the registration, as well as the VAT identification number must be submitted - if available in the case of a partnership. All partners must have reached the age of at least 18. The partners are personally liable to AlpsCon for the behavior of the legal entity. Cooperatives or associations, as well as foundations/trusts, cannot register.
(3) AlpsCon expressly reserves the right, after sending the contracting partner application of an Advisor, to request an age verification, a commercial register extract (applies only to legal entities or partnerships registered in the commercial register) as well as an identity verification of the applicant or the person responsible in this regard within the framework of a "KYC procedure" before acceptance of the contract application.
(4) Each Advisor is only entitled to acquire one position in the compensation plan, whereby circumvention of this requirement by registration as a natural person and additionally via a legal entity or partnership is prohibited. If an Advisor registers more than one position in the compensation plan for himself or a legal entity or partnership registered by him or otherwise directly or indirectly, AlpsCon expressly reserves the right of termination mentioned in paragraph (8).
(5) The Advisor is obliged to fill out the online Advisor application completely and properly and to transmit it to AlpsCon by electronic means. In addition, the Advisor accepts these General Advisor Terms as having been taken note of and as part of the contract by means of a separate "tick" on the application form. AlpsCon reserves the right in individual cases to obtain further information from the Advisor.
(6) Changes to the Advisor's personal data must be reported to AlpsCon immediately.
(7) AlpsCon reserves the right to reject Advisor applications at its own discretion without any justification. If online order or application forms are used, these are considered part of the contract.
(8) In the event of a violation of the obligations regulated in paragraphs (1), (2) and (4), AlpsCon is entitled to terminate the Advisor contract without notice and, if applicable, to demand back paid commissions without prior warning. In addition, AlpsCon expressly reserves the right to assert further claims for damages in the event of this extraordinary termination.
Status of the Advisor as Entrepreneur
(1) The Advisor acts as an independent and self-employed entrepreneur. He is neither an employee nor a commercial agent or broker of AlpsCon. There are no sales targets, purchase, distribution or other activity obligations. The Advisor, with the exception of the contractual obligations, is not subject to instructions from AlpsCon and bears the full entrepreneurial risk of his business activities including the obligation to bear all his business costs and the obligation to properly pay his employees, if he employs any.
(2) The Advisor must set up and operate his business in the sense of a proper merchant, which also includes the operation of own office premises or a workplace managed in the sense of a proper merchant.
(3) The Advisor as a self-employed entrepreneur is responsible for compliance with the relevant legal provisions, including the tax and social law requirements [e.g. obtaining a VAT identification number, registration of his employees with social security, as well as for obtaining a trade license (at the latest 2 weeks after his registration an Advisor should apply for a trade license at the responsible authority in his interest, if he does not yet have a trade license at the time of his registration), if required]. In this respect, the Advisor assures that he will properly tax all commission income that he generates in the context of his activities for AlpsCon at his seat. AlpsCon reserves the right to deduct from the agreed commission the respective amount for taxes and levies or to demand damages or reimbursement of expenses that arise for it due to a violation of the aforementioned requirements, unless the Advisor is not responsible for the damage or expense. No social security contributions are paid by AlpsCon for the Advisor. The Advisor is not authorized to make declarations or enter into obligations on behalf of AlpsCon.
Voluntary Contractual Right of Withdrawal
Voluntary Right of Withdrawal
You register with AlpsCon as an entrepreneur and not as a consumer, so you are not entitled to a statutory right of withdrawal. Nevertheless, AlpsCon grants you the following voluntary two-week contractual right of withdrawal.
Voluntary Right of Withdrawal
You can revoke your contract declaration within two weeks without giving reasons in text form (by letter or e-mail). The period begins with the online transmission of the Advisor application. To comply with the withdrawal period, it is sufficient to send the revocation in time (date of the postmark/e-mail).
The revocation is to be addressed to AlpsCon GmbH, represented by Christian Feiersinger (Founder & CTO), Bösch 67, 6331 Hünenberg / Switzerland, E-mail admin@alpscon.ai.
Waiver of the Right of Withdrawal
Handover/transmission/provision of services, as well as the possibility to act as an Advisor, only takes place after the withdrawal period has expired. If handover/transmission/provision of services or commencement of the Advisor activity is desired by the Advisor before the expiry of the withdrawal period, he hereby expressly waives his right of withdrawal.
Consequences of Withdrawal:
In the event of an effective revocation of the contract declaration, the services received by both parties must be returned and any benefits drawn must be surrendered. If you cannot return the received service to us in whole or in part or only in deteriorated condition, you must possibly compensate us for the value in this respect. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the thing.
An Advisor can register again with AlpsCon after exercising his right of withdrawal. Prerequisite is that the Advisor's withdrawal is at least 6 months ago and the revoking Advisor has not performed any activities for AlpsCon during this time.
End of the Withdrawal Instruction
Use of the Backoffice
(1) The Advisor is obliged to protect his personal passwords and login identifiers from access by third parties. The Advisor is prohibited from violating the rights of AlpsCon, its Advisors, affiliated companies, product partners or other third parties in his activities, harassing third parties or otherwise violating applicable law. The Advisor is in particular not permitted to make false or misleading statements about AlpsCon services or those of its product partners or the AlpsCon distribution system. The Advisor will only make such general statements about AlpsCon, the AlpsCon services, the services of the product partners of AlpsCon as well as about the AlpsCon distribution system in the context of contact establishment that correspond in content to the requirements in the AlpsCon advertising and information materials and are only provided as general information. Furthermore, the prohibition of sending unsolicited advertising e-mails, advertising faxes or advertising SMS (spam) also applies. Furthermore, abuse or commission of unlawful acts, such as the use of unauthorized or unfair advertising (e.g. misleading statements) is prohibited. Likewise, misuse of AlpsCon or services of AlpsCon is prohibited.
(2) It is expressly prohibited for an Advisor to make payments for other Advisors or customers to AlpsCon (prohibition of third-party payments).
(3) The Advisor is prohibited from violating applicable law, legal requirements such as in particular AML (money laundering) or tax laws and/or guidelines or competition law in his activities and must always observe the following special advertising guidelines:
Special Advertising Guidelines
a) At no point and on no advertising medium may the Advisor make untrue, misleading or exaggerated statements about his income or the earning opportunities at AlpsCon or claim. Rather, there is always the obligation to expressly point out to potential Advisors in the context of initiation talks that only very few Advisors can achieve a higher income with their activities for AlpsCon.
b) Neither the Advisor nor AlpsCon conduct mediation of whitepaper-mandatory and license-required crypto values, FinTech services (such as DeFi services or crypto trading), just as little as advice in the area of securities, asset investment or other financial investment mediation, towards potential interested parties or customers, but act exclusively as Advisor in the area of contact establishment/mediation for the acquisition of digital products. The Advisor is therefore obliged to strictly and stringently comply with the aforementioned requirements and to inform potential interested parties about this circumstance during the Advisor activity. It also applies that the Advisor must restrict himself in relation to the AlpsCon platform only to the activity of contact establishment and the passing on/forwarding of the required information from/to the potential customers.
c) The Advisor is expressly prohibited from mediating or otherwise advertising FinTech services (such as DeFi services or crypto trading) or securities, asset investments or other financial investments or comparable products to potential customers within the framework of or in connection with his activities for AlpsCon. The Advisor is further expressly prohibited from granting a loan or a benefit to potential customers himself so that they can finance the digital products of AlpsCon in whole or in part. The Advisor is also not entitled to receive cash, transfers or other payments from third parties in order to purchase the digital products of AlpsCon for the third party for this.
d) Distribution and marketing activities must not pretend commissions that are to be understood as a "head premium" or other commission in connection with the mere recruitment of a new Advisor. No actions may be taken that create the appearance that the advertised distribution system is an unlawful distribution system, namely an illegal progressive snowball system or pyramid system or otherwise a fraudulent distribution system. Likewise, it must not be pretended that AlpsCon sells a currency investment, FinTech services or other financial investments itself or via third parties or otherwise sells crypto coins or other crypto currencies or similar services.
e) Advisor actions must not be directed at minors or commercially inexperienced persons and must under no circumstances exploit their age, illness or limited insight to induce consumers to conclude a contract. When contacting so-called socially weak or foreign-language population groups, the Advisors will take the due consideration of their financial capacity and their insight and linguistic understanding ability. Everything must be refrained from that could induce members of such groups to place orders that are not appropriate to their circumstances.
f) No Advisor actions may be taken that are inappropriate, illegal or unsafe or exert impermissible pressure on the selected consumers.
g) Advisors will use only documents/documents officially authorized by AlpsCon when establishing contact with potential customers.
h) Potential customers are not induced to purchase services by dishonest and/or misleading promises, just as little as by promises of special advantages, if these advantages are linked to future, uncertain successes. The Advisors will refrain from anything that could induce potential customers to accept AlpsCon services merely to do the Advisor a personal favor, to end an unwanted conversation or to enjoy an advantage that is not the subject of the offer or to show gratitude for the granting of such an advantage.
(4) AlpsCon provides its Advisors with approved marketing materials. The use, production and distribution of own websites (AlpsCon provides the Advisors with a Replicated Website/Referral Link, through which the contact for the acquisition of the digital products may be established), sales documents, sales concepts, digital advertisements, own product brochures, video content, television advertising, audio content, the creation of own internet appearances including professional social media business appearances or other independently created sales or advertising materials, as well as the modification of the Replicated Website/Referral Link provided to the Advisor, is only permitted after prior express written or by e-mail to david.rieder@alpscon.ai consent from AlpsCon, which is at the free discretion of AlpsCon. For the creation of an own website, it is always necessary that a proper imprint plus proper data protection declaration and the legal information obligations are provided by the Advisor and a link to the AlpsCon website for the acquisition of the digital products is made; no copyright-protected materials of AlpsCon may be used, unless they have been provided for the corresponding use in the back office, otherwise no illegal or discriminatory content may be provided on this website and no other services may be advertised/sold on this website, as well as the website must be limited to an Advisor activity and may not provide advisory and/or mediation services. The approval of the website ends at the latest with the end of the contract for whatever reason and can otherwise be revoked at any time for important reason or if there is a special interest of AlpsCon.
(4a) It is prohibited to operate a website, an internet portal, a social media presence or any other online application with several Advisors.
(4b) In the event that the Advisor advertises the digital products of AlpsCon in other internet media, such as social networks (e.g. Facebook, YouTube, Twitter or Instagram), online blogs or chat rooms (e.g. WhatsApp or Snapchat), he may always only use the official AlpsCon advertising statements, must identify himself easily recognizable with his full name (anonymous or under a pseudonym postings are prohibited), must provide a proper imprint and a data protection declaration easily recognizable, must not post any illegal (advertising activities must be clearly marked as advertising) or discriminatory content or carry out spam actions (e.g. blog spam or spamdexing) and must not at any point make untrue, misleading or exaggerated statements about the AlpsCon products, services, distribution system, his remuneration or the earning opportunities at AlpsCon or advertise for an activity at AlpsCon as an employee, as well as he may only carry out the social media advertising alongside and additionally within the framework of his own private social media channels (professional social media channels are expressly prohibited without prior approval). Contact establishment for the acquisition of the digital products may only take place via the official Replicated Website of the Advisor. The Advisor is obliged to insert a corresponding link to the provided Replicated Website into his social media presence and/or channel. Before putting into operation an own professional social media presence and/or channel, the Advisor is obliged to send the social media presence and/or channel to AlpsCon by e-mail to …@... for review and written or via e-mail approval by AlpsCon is required before the corresponding use.
(4c) Furthermore, it is important that the Advisor does not communicate with persons who write a negative contribution against him, other Advisors or AlpsCon. Please report negative contributions to david.rieder@alpscon.ai. A response to such negative contributions often leads to a discussion with someone who bears a grudge, does not adhere to the same high ethical, fair and professional standards as those of AlpsCon and therefore damages the reputation and good name of AlpsCon and the partner.
(4d) Advisors may use online classified ads only after prior consent. For this purpose, the classified ad must be submitted in advance by e-mail to david.rieder@alpscon.ai for review and written or via e-mail approval by AlpsCon is required before the corresponding use in order to be allowed to advertise and/or sell the digital products and/or Advisor activities of/for AlpsCon.
(4e) Sponsored Links or pay-per-click ads (PPC), partner programs or comparable advertising activities, as well as GoogleAds, SocialAds or other comparable paid advertising measures are only permitted after prior consent. For this purpose, the Sponsored Links, the pay-per-click ad (PPC), the partner program or comparable advertising activities as well as GoogleAds, SocialAds or other comparable paid advertising measures must be submitted in advance by e-mail to david.rieder@alpscon.ai for review and written or via e-mail approval by AlpsCon is required before the corresponding use.
(5) The contact options for the acquisition of the digital products of AlpsCon or of their product partners may be presented by the Advisors within the framework of the applicable law revocably face-to-face, at home parties or events, online home parties, webinars or other online presentations.
(6) The contact options for the acquisition of the digital products of AlpsCon or of their product partners may not be offered at auctions, public and private flea markets, exchange meetings, department stores, internet shops, internet markets such as eBay, Amazon or on comparable sales places.
(7) The Advisor must not give the impression in business dealings that he is acting on behalf or in the name of AlpsCon. The Advisor is furthermore prohibited from applying for and taking up loans, making expenditures, entering into obligations, opening bank accounts or eWallets, concluding other contracts or otherwise making binding declarations of intent on behalf of AlpsCon for or in the interest or in the name of the company. The Advisor is neither granted a collection power of attorney nor a power of attorney to represent AlpsCon vis-à-vis third parties. The Advisor is therefore obliged to identify himself as an INDEPENDENT AlpsCon Advisor in business dealings. Social media appearances, homepages, letterhead, business cards, car lettering as well as advertisements, advertising materials and the like must bear the addition "INDEPENDENT ALPSCON ADVISOR" and/or "SELBSTSTÄNDIGER ALPSCON-ADVISOR".
(8) All travel costs, expenses, office costs, telephone costs or other expenditures for advertising materials are to be borne by the Advisor himself.
(9) The Advisor is not entitled in business dealings to name brands of competing companies or other third parties negatively, disparagingly or unlawfully or to judge other companies negatively or disparagingly.
(10) All presentation, advertising, training and video/film materials etc. (including the photographs), as well as the software products, services and other self-developed services of AlpsCon, are copyright protected. They may not be reproduced, distributed, made publicly available or edited by the Advisor beyond the contractually granted right of use without the express written consent of AlpsCon, either in whole or in extracts. In particular, the distribution, reproduction and publication of the (digital) training and advertising materials (e.g. by uploading to YouTube or other internet media), as well as the modification or editing of these materials, is prohibited.
(11) Also the use (or modification) of the sign AlpsCon, the registered trademarks, product designations, work titles and business designations of AlpsCon or its product partners beyond the expressly provided advertising materials and other official AlpsCon documents is not permitted. Furthermore, the registration of own trademarks, work titles, internet domains or other protective rights that contain the sign AlpsCon or registered trademarks, product designations, work titles or business designations of AlpsCon or its product partners is prohibited. The above also applies to trademarks, business designations or work titles in which AlpsCon has an exclusive right of use. The aforementioned prohibition from paragraph (2) applies to both identical and similar signs. Likewise, the relabeling of virtual services of AlpsCon is prohibited.
(12) The Advisor is not allowed to respond to press inquiries about AlpsCon, its services, the AlpsCon marketing plan or other AlpsCon services. The Advisor is obliged to forward all press inquiries immediately to AlpsCon to the e-mail david.rieder@alpscon.ai. The Advisor will also otherwise only express himself publicly (e.g. television, radio, internet forums) about AlpsCon, the AlpsCon services and the AlpsCon distribution system after prior via e-mail or written approval by AlpsCon.
(13) Customer inquiries or complaints of any kind about the services, the service or the compensation system of AlpsCon are to be forwarded immediately to AlpsCon to the e-mail address david.rieder@alpscon.ai.
(14) The Advisor is always prohibited from selling own training, marketing and/or sales documents to other Advisors of AlpsCon or otherwise distributing them.
(15) The Advisor may only advertise services for AlpsCon contact options or recruit new Advisors in such states that have been officially opened by AlpsCon.
(16) The Advisor is prohibited from selling own marketing and/or sales documents, training or lead generation tools, other goods/services of third-party companies or other services not related to the AlpsCon business to other Advisors of AlpsCon or otherwise distributing them.
(17) The goods/services may furthermore also only be presented by the Advisor at (digital) trade fairs and specialist exhibitions at his own expense after written or via e-mail approval by AlpsCon, which is at their free discretion.
(18) An Advisor can register again with AlpsCon after termination of his old position. Prerequisite is that the termination and the confirmation of the termination by AlpsCon for the old position of the Advisor are at least 12 months ago and the terminating Advisor has not performed any activities for AlpsCon during this time.
(19) The Advisor undertakes - as far as possible - to ensure that the customer and/or Advisor data obtained through his (or that of his downline) distribution performance are used exclusively within the framework of his activities for AlpsCon and in particular are not exploited for other purposes or passed on and/or used to other third parties (or for services of third parties).
(20) Advisors may not make gifts or other benefits to employees or other staff of AlpsCon or other third parties in connection with their AlpsCon activities. Advisors may not directly or indirectly pay bribes or carry out corruption actions in connection with their AlpsCon activities.
(21) The use of chargeable telephone numbers for marketing the activities or goods/services of AlpsCon is not permitted.
(22) The Advisor is obliged to inform AlpsCon immediately and truthfully of violations of the rules of the General Advisor Terms, other contractual requirements and all other provisions of the company.
Duties of the Advisor in the Context of Advertising and General Duties
(1) The Advisor is not prohibited from distributing products and/or services for other companies, also network marketing companies, even if they are in competition with AlpsCon.
(2) Notwithstanding paragraph (1), the Advisor is prohibited from poaching or attempting to poach or recruit other AlpsCon Advisors for the distribution of other services and/or companies, just as the Advisor is prohibited for the duration of this contract from working directly for the product partners of AlpsCon.
(3) The Advisor is also prohibited from violating other Advisor or other distribution contracts that he has concluded with other companies and whose clauses still have effect by concluding an Advisor contract.
(4) To the extent that the Advisor is simultaneously active for other competitors, other companies or network, online marketing or other direct marketing companies, he undertakes to design the respective activity (including his respective downline) in such a way that no connection or mixing with his activity for the other company occurs. In particular, the Advisor may not offer other than AlpsCon services and/or services at the same time in the same place or in immediate spatial proximity or on the same website, Facebook page, other social media platform, chat room or internet platform, unless AlpsCon has expressly approved this, for example because there is an official cooperation between AlpsCon and this company.
No Non-Compete Clause / Poaching Ban / Sale of Third-Party Services
The Advisor must maintain absolute silence about business secrets of AlpsCon and about its structure. Business secrets include in particular also the customer and Advisor data, as well as the information about the downline activities and the information contained therein. This obligation continues even after termination of this Advisor contract.
Confidentiality
(1) Every active Advisor who wins a new Advisor for the first time for an activity as an Advisor for AlpsCon will be assigned the new Advisor to his structure according to the specifications of the marketing plan and the placement requirements regulated there (Advisor protection). The recruitment and placement of the new Advisor must take place through the own affiliate link, whereby the date and time of receipt of the new Advisor's registration application at AlpsCon apply for the allocation. If two Advisors claim the same Advisor as "new" sponsored for themselves, AlpsCon will only consider the sponsor named in the first registration.
(2) AlpsCon is entitled to delete the account and thus all personal data, including the e-mail address of the Advisor from the system if advertising mailings, letters or e-mails with the notes "moved", "deceased", "not accepted", "unknown" etc. are returned and the Advisor does not correct the faulty data within a period of 30 days.
(3) Furthermore, crossline sponsoring and also the attempt thereof within the company is prohibited. Crossline sponsoring means the acquisition of a person or company that is already an Advisor at AlpsCon in another distribution line or has had an Advisor contract within the last 12 months. Also prohibited in this respect is the use of the name of the spouse, relatives, trade name, capital companies, partnerships, trust companies, or other third parties to circumvent this provision.
(4) Bonus manipulations are prohibited. This includes in particular the sponsoring of Advisors who actually do not carry out the AlpsCon business at all (so-called straw men), as well as open or concealed multiple registrations. Also prohibited in this respect is the use of the name of the spouse, relatives, persons of the same household, trade name, capital companies, partnerships, trust companies, or other third parties to circumvent this provision. Likewise, it is prohibited to induce third parties to acquire services in order to thereby achieve a better position in the compensation plan or otherwise bring about a bonus manipulation.
(5) The Advisor has no claim to territory protection.
Advisor Protection / Crossline Sponsoring / Bonus Manipulation
(1) In the event of a first violation of the duties of the Advisor regulated in 7, a written warning will be issued by AlpsCon setting a period of 10 days to remedy the duty violation. The Advisor undertakes to reimburse the warning costs, in particular the lawyer costs incurred for the warning.
(2) Express reference is made to 16 paragraph (3), according to which AlpsCon is entitled to extraordinary termination without prior warning in the event of a violation of the duties regulated in 8, 9 and 10 (3) and (4), as well as in the event of a particularly serious violation of the duties regulated in 7, other applicable contractual or legal law. Notwithstanding the immediate extraordinary right of termination regulated in 16 paragraph (3), AlpsCon has the right in individual cases upon occurrence of one of the aforementioned duty violations to issue a warning in the sense of paragraph (1) even with a shortened remediation period before declaring extraordinary termination.
(3) If the same or a core-identical violation occurs again after expiry of the remediation period set by the warning or if the originally warned violation is not remedied, a contractual penalty imposed at the discretion of AlpsCon, to be reviewed by the competent court, becomes due immediately. For the assertion of the contractual penalty, further lawyer costs also arise, which the Advisor is obliged to reimburse, which is expressly pointed out now.
(4) The Advisor is liable notwithstanding the incurred contractual penalty also for all damages that arise for AlpsCon due to a duty violation in the sense of §7 - 9 and 10 paragraphs 3 and 4, unless the Advisor is not responsible for the duty violation.
(5) The Advisor releases AlpsCon from liability upon first request of AlpsCon in the event of a claim by a third party due to a violation of one of the duties regulated in §7 - 9 and 10 paragraphs 3 and 4 or any other violation of the Advisor against applicable law. In particular, the Advisor undertakes in this respect to bear all costs, in particular lawyer, court and damages costs, that arise for AlpsCon in this connection.
Warning, Contractual Penalty, Damages, Liability Release
AlpsCon reserves the right, in particular in view of changes in the market situation and/or license structure, to change the prices or usage fees to be paid by the Advisor at the beginning of a new billing period, if this is necessary for economic reasons or legal changes. AlpsCon will announce changes with a period of 30 days before the changes come into effect, specifying the future contract change via e-mail or in the back office of the Advisor. The Advisor has the right to object to the change or to terminate the contract in text form without observing a notice period at the time the change comes into effect. In the event of an objection, AlpsCon is entitled to terminate the contract ordinarily. If the Advisor does not terminate the contract until the change comes into effect or does not object to the change, the changes come into effect from the time specified in the change announcement. AlpsCon is obliged to inform the Advisor in the change announcement that has taken place about the meaning of his silence.
Price Adjustment
All free advertising materials and other benefits from AlpsCon can be revoked at any time with effect for the future.
Advertising Materials, Benefits, Data Processing
(1) As remuneration for a successful contact establishment, the Advisor receives an Advisor commission according to the specifications of the applicable compensation plan, provided that this contact establishment results in the conclusion of a contract between a customer and AlpsCon. The payout of the Advisor commission takes place according to the common will of the parties exclusively in the cryptocurrency displayed in the back office (this is usually the cryptocurrency of the purchase of the digital product, on which the commission is paid) and the specifications given there regarding the cryptocurrencies to be paid out and their usage rules (viewable USDC), which the Advisor expressly acknowledges as part of the contract upon conclusion of this contract.
(2) A successful contact establishment in the sense of paragraph (1) only exists if subsequently a contract is concluded between a customer and AlpsCon or their respective product partner. A commission claim does not arise in particular or expires retroactively if the customer makes use of his right of withdrawal, rescission, or avoidance vis-à-vis AlpsCon or their respective product partner; the contact establishment with AlpsCon or their respective product partner has come about unlawfully; AlpsCon or their respective product partner rejects the acceptance of the contract at its free discretion. Also, in cases of fraudulent contact establishment, either through fraudulent or abusive measures of the Advisor or the customer, no commission claim arises. Should an already concluded customer contract with AlpsCon or their respective product partner be void and/or reversed according to paragraph (2) or other reasons, already paid commissions are to be refunded.
(3) The contracting parties agree that no claims to a higher commission than that underlying this contract exist or can be asserted. All claims of the Advisor are settled by the commission, in particular all travel costs, expenses, office costs, telephone costs or other expenditures, as well as all further costs that are connected with the contract fulfillment. With the payment of the remuneration according to paragraph (1), all services of the Advisor are also settled, in particular also for the establishment and maintenance of the customer base, as well as the resulting future market potential and exist as an advance payment for this, so that in the event of termination of the contract, by whichever party and for whatever reason, no compensation and/or equalization claims for whatever legal reason are to be paid by AlpsCon.
(4) AlpsCon is entitled to offset claims and/or reclaim claims that AlpsCon has against the Advisor with his commission claims in whole or in part. Assignments and pledges of claims of the Advisor from this contract are excluded, to the extent that mandatory law does not oppose this. The encumbrance of the contract with rights of third parties is not permitted, to the extent that mandatory law does not oppose this.
(5) All payments from AlpsCon to the Advisor are considered net payments. The Advisor will check the issued statements soon and notify AlpsCon immediately of any objections. Faulty commissions must be reported to AlpsCon in writing within 60 days of the faulty payment. After this time, the commissions are considered approved.
(6) The remuneration is paid out taking into account the AlpsCon payment modalities and payout types upon express request of the Advisor.
(7) AlpsCon reserves the right to request the Advisor at any time, such as before the first payout of commissions, to provide proof of his identity, address, tax IDs and his trade registration (e.g. submission of the trade license), as well as possibly required information within the framework of money laundering prevention can be requested. The trade, identity and address proof can be given at the choice of AlpsCon in the form of a copy of the trade license and the identity card or passport, possibly in connection with a current electricity, gas, water or other utility bill or another registration office proof (not older than one month) on the specified electronic way and must take place immediately, at the latest within 2 weeks, after the request. For legal entities or partnerships or registered merchants, an identification proof of the responsible person (e.g. managing director or personally liable partner) and - if an entry in the commercial register has taken place - a copy of the current commercial register extract (not older than one month) must be submitted. Furthermore, the Advisor must provide his bank details before the first payout of commissions.
(8) The Advisor will initially be listed as a small business owner at AlpsCon. He will inform immediately upon notification of his VAT identification number as soon as he opts for payment of value added tax (VAT) within the framework of his commercial activity or exceeds the small business owner limits.
(9) Commissions of the partner are calculated and credited weekly and transferred minus incurred transfer fees and can, to the extent that a deviating eWallet is not expressly separately accepted in writing by AlpsCon, only be transferred to eWallets that belong to the affiliate.
(10) The commissions are paid out monthly upon express request of the partner taking into account the AlpsCon payment modalities and payout types. AlpsCon reserves the right to only pay commissions from a total amount of converted 25.00 €. In the event that the minimum payout amount is not reached, the commission claims are continued on the clearing account maintained by AlpsCon for the Advisor and paid out to the Advisor in the following month after reaching the minimum payout amount.
Commission Conditions
(1) In the event that the Advisor makes untrue, incomplete or otherwise false statements during registration, he uploads false/untrue or otherwise misleading documents within the framework of the KYC, he violates the AML guidelines of AlpsCon, he does not provide the required proofs e.g. within the framework of the account verification, the KYC procedure or the acquisition of services within 14 days upon a request by AlpsCon or violates a duty from these General Advisor Terms (which does not lead to immediate extraordinary termination), AlpsCon has the right to temporarily block the Advisor until the time of provision/catching up of the requested information, the submission of the requested proofs or documents or the remediation of the duty violation. The period of a block does not entitle the Advisor to extraordinary termination and just as little causes a refund of the already paid services or a claim for damages, unless the Advisor is not responsible for the block.
(2) Commission claims that cannot be paid out due to the mentioned reasons are booked within AlpsCon as a provision and become statute-barred according to the specifications of 23 of these General Advisor Terms.
(3) For each case of warning, AlpsCon is entitled to reimbursement of the costs required for this warning.
(4) Independently of the blocking reasons mentioned in paragraph (1), AlpsCon reserves the right of blocking for an important reason. AlpsCon reserves in particular the right to block the access of the Advisor without observing a period if the Advisor violates the duties mentioned in §3 paragraphs (1), (2) and (4), 7 - 9 and 10 paragraphs (3) and (4), or violates other applicable law, or otherwise an important reason exists. If not an immediate reason for termination exists and AlpsCon sends a warning according to §11 (1) to the Advisor, the blocking will be lifted again, provided that the Advisor remediates the corresponding duty violation upon the warning of AlpsCon within the set period.
Blocking of the Advisor and/or Their Access to the Backoffice
(1) The Advisor contract is agreed for an indefinite period and can be terminated ordinarily by either party at any time with a period of two weeks to the end of the month.
(2) Notwithstanding the reason for termination in (1), AlpsCon reserves the right to terminate for an important reason. An important reason exists in particular in the event of a violation of one of the duties regulated in 7, if the Advisor does not comply with his remediation duty in the sense of 11 paragraph (1) in a timely manner or if the same or a comparable violation occurs again at a later time after remediation of the duty violation. In the event of a violation of the duties regulated in §3 paragraphs (1), (2) and (4), 8, 9 and 10 (3) and (4) as well as in the event of a particularly serious violation of the duties regulated in 7 or other applicable contractual or legal law, AlpsCon is entitled to extraordinary termination without prior warning. Likewise, an extraordinary reason for termination exists if the Advisor does not maintain the requirements of 14 (2) and (3) and also after a blocking according to the specifications of 16 (1) and a final period setting for fulfillment of the requirements, lets this period pass fruitlessly. Furthermore, an extraordinary reason for termination exists for each party if insolvency proceedings have been opened against the other party, or the opening has been refused due to lack of assets, or the other party is otherwise insolvent, or a statutory declaration of insolvency has been made within the framework of enforcement. The right to extraordinary termination exists without prejudice to further claims.
(3) In the event of premature termination of a contract with a minimum term, there is no claim to refund of the paid fees/remuneration, unless the Advisor has terminated the contract extraordinarily for an important reason.
(4) An Advisor can register again with AlpsCon through another sponsor after an ordinary termination of his old position. Prerequisite is that the ordinary termination and the confirmation of the termination by AlpsCon for the old position of the Advisor are at least 12 months ago and the terminating Advisor has not performed any activities for AlpsCon during this time.
(5) With the termination of the contract, the Advisor has no right to commission, in particular no commercial agent compensation claim, since the Advisor is not a commercial agent in the sense of the Commercial Code.
(6) If an Advisor simultaneously claims other services from AlpsCon that are independent of the Advisor contract, these services remain in force unaffected by the termination of the Advisor contract, unless the Advisor expressly demands their termination with the termination and such termination is permissible. If the Advisor continues to acquire services from AlpsCon after termination of the contract, he is listed as a normal customer.
(7) Terminations must always take place in writing or via e-mail.
(8) AlpsCon reserves the right to terminate all Advisor agreements with a period of 3 months if AlpsCon (a) discontinues business operations; (b) is bought up, merges, is liquidated or dissolves as a company; or (c) discontinues the distribution of its digital products and/or services through direct distribution channels.
Duration and Termination of Contract and Consequences of Termination / Right of Return
(1) AlpsCon expressly does not liable for force majeure such as pandemics (e.g. the Covid-19 pandemic), legal adjustments in the area of crypto law, international shocks of the financial markets (these are those that are comparable to the worldwide financial crisis in 2008 after the insolvency of the investment bank Lehman Brothers), wars, and/or political entanglements, disruptions at transport companies, strikes or comparable operational or other disruptions. For the rest, AlpsCon is liable for damages other than those arising from injury to life, body and health only to the extent that these are based on intentional or grossly negligent action, or on culpable violation of an essential contractual duty by AlpsCon, its employees or vicarious agents. This also applies to damages from the violation of duties during contract negotiations as well as from the commission of unlawful acts. Any further liability for damages is excluded.
(2) Liability is, except in the case of injury to life, body and health or intentional or grossly negligent behavior of AlpsCon its employees or vicarious agents, limited to the damages typically foreseeable at the time of contract conclusion and for the rest limited in amount to the typical average damages of the contract. This also applies to indirect damages, in particular lost profits.
(3) For damages, of whatever kind, that arise due to data losses on the servers, AlpsCon is not liable, except in the case of grossly negligent or intentional fault of AlpsCon its employees or vicarious agents. Stored contents of the Advisor are foreign information for AlpsCon in the sense of the applicable telemedia or other law.
Force Majeure / Liability Limitation
(1) AlpsCon can transfer its contract position at any time to a successor company in whole or in part, which continues the business that is the subject of this contract in the same way and enters into the existing rights and duties in full.
(2) The Advisor is not entitled to transfer his distribution structure to another natural or legal person.
(3) If a newly registered legal entity or partnership as Advisor wants to take on a new partner, this is possible provided the previous partner(s) who applied for the contract partnership also remain partner(s). If a partner who is a registered legal entity or partnership as Advisor wants to leave or transfer his shares to third parties, this action is permissible upon corresponding written application, possibly under submission of the corresponding notarial deeds and in accordance with the requirements of this contract under observance of the specification of 3 paragraph (2) of the General Advisor Terms. AlpsCon charges an administrative fee of 25.00 € for the processing of the aforementioned application. If this requirement is not complied with, AlpsCon reserves the right to extraordinarily terminate the contract of the registered legal entity or partnership as Advisor.
(4) The Advisor contract ends at the latest with the death of the Advisor and can be inherited under observance of the legal requirements. A new Advisor contract must be concluded with the heir(s) after the occurrence of death, through which he/they enter into the rights and duties of the deceased. If the heir or one of the heirs is already registered as a natural person with AlpsCon as an Advisor, the heir is permitted to hold two positions in the distribution structure of AlpsCon as a result of an inheritance. The heir must inform AlpsCon immediately about this in this case. The death must be proven by a death certificate. If there is a will about the inheritance of the Advisor contract, a notarized copy of the will must be submitted. Otherwise, the submission of a formally properly created certificate of inheritance to prove the inheritance is mandatory.
Transfer of Business Operations / Sponsored Structure to Third Parties / Death of the Advisor
In the event that a registered legal entity or partnership as Advisor terminates its society internally, it also applies after the separation, dissolution or other termination of the aforementioned society that only one Advisor position remains. The separating members/partners must agree internally through which member/partner the contract relationship is to be continued and notify this to AlpsCon in writing or via e-mail. In the event of an internal dispute about the consequences of the separation, divorce, dissolution, or other termination in relation to this contract relationship, AlpsCon reserves the right of extraordinary termination if such a dispute leads to a neglect of the duties of the Advisor, to a violation of these General Advisor Terms, to a violation of applicable law or to an unreasonable burden on the down- or upline.
Separation / Dissolution
(1) The compensation plan - attached as Annex 1 -, the terms of use - attached as Annex 2 - and the privacy policy - attached as Annex 3 -, and the requirements contained in the respective legal text are expressly part of the Advisor contract. The Advisor must always observe these requirements according to the respectively valid version.
(2) With the sending of the online application to AlpsCon, the Advisor simultaneously assures that he has taken note of the compensation plan and accepts these documents as part of the contract.
(3) AlpsCon is entitled to a change of the legal texts named in paragraph (1) according to the specifications of 25 paragraph (1).
Incorporation of Compensation Plan, Terms of Use, Privacy Policy
The Advisor grants AlpsCon free of charge the right to capture photographic and/or audiovisual material with his likeness, voice recordings or statements and quotes from him within the framework of his function as Advisor. In this respect, the Advisor expressly consents to a publication, use, reproduction and alteration of his quotes, recordings or recordings by sending the Advisor application and taking note of these General Advisor Terms. The Advisor has the right to revoke the aforementioned consent.
Consent to Use of Photographic and Audiovisual Material
(1) AlpsCon collects and uses the data voluntarily transmitted by the Advisor only within the framework of the legal provisions. The detailed provisions on data protection can be found in the data protection provisions of AlpsCon.
(2) The partner is prohibited from exploiting the personal or customer-specific data of interested parties, customers or partners that become known to him, which are owned by AlpsCon, beyond the contractual rights and/or requirements, passing them on to third parties, storing or using them.
Data Protection / Data Protection Duties of the Advisor
All mutual claims of the parties from the team partner contract or in connection with this contract become statute-barred in 12 months after their due date, but at the earliest in 12 months after knowledge of the entitled party of the claim-establishing circumstances. The parties recognize that the agreements to shorten the statute of limitations are intended to ensure that any discrepancies about mutual rights and duties are regulated currently and in a timely manner. The above regulations to shorten the statute of limitations do not apply in the cases of liability due to intent, liability due to injury to life, body and health and in the case of gross negligence as well as in other cases in which a longer statute of limitations must be observed by law mandatory regulations that provide for a longer statute of limitations.
Statute of Limitations
(1) The law of the seat of AlpsCon applies to the exclusion of the UN Sales Law. Mandatory provisions of the state in which the Advisor has his habitual residence remain unaffected.
(2) The place of jurisdiction and the place of performance is, to the extent that mandatory law does not oppose this provision, the seat of AlpsCon.
Applicable Law / Jurisdiction / 25 Final Provisions
(1) AlpsCon is entitled to a change of this contract, these General Advisor Terms and/or the compensation plan, if this is necessary for economic reasons or legal changes. AlpsCon will announce changes with a period of 30 days before the changes come into effect, specifying the future contract change via e-mail or in the back office of the Advisor. The Advisor has the right to object to the change or to terminate the contract in text form without observing a notice period at the time the change comes into effect. In the event of an objection, AlpsCon is entitled to terminate the contract. If the Advisor does not terminate the contract until the change comes into effect or does not object to the change, the changes come into effect from the time specified in the change announcement. AlpsCon is obliged to inform the Advisor in the change announcement that has taken place about the meaning of his silence.
(2) For the rest, changes or additions to these General Advisor Terms require the written form. This also applies to the waiver of the written form requirement.
(3) In the event of ineffectiveness or incompleteness of a clause of these General Advisor Terms, the entire contract shall not be ineffective. Rather, the ineffective clause shall be replaced by one that is effective and comes economically closest to the sense of the ineffective clause. The same shall apply in the event of the closing of a gap requiring regulation.
Status of the General Advisor Terms: 14.04.2025
Follows the compensation plan as Annex 1.
Annex 1
Compensation Plan