Our terms and condition
General Terms And Conditions Including An Agreement On An Alternative Place Of Jurisdiction Preamble / Ethical Rules
We welcome you warmly on behalf of our company as an Sole Marketing Partner (hereinafter referred to as our “SMP”), and wish you every success and pleasure in your activities as an SMP of SRK NETWORK. SRK NETWORK LIMITED, logo type is the registered trade mark of the Company, (hereinafter referred to simply as “the Company”).
The present website is provided by the Company as a service, subject to the General Terms and Conditions provided below. The use of the present website and the facilities provided acknowledges the acceptance and understanding of these General Terms and Conditions.
This SRK NETWORK trade mark may not be copied or used partially or as a whole without the Company's express written consent. Other trademarks appearing on this website may also be a property of the Company or of other owners and may require their explicit consent prior to their use.
Materials provided on the present website are for informational purposes and may be downloaded onto a single computer for personal non-commercial use only, provided that they are not modified in any way, incorporated in other work, or alter or remove any copyright notice of intellectual property. The above rights are non-exclusive license for use and do not constitute any transfer of rights and/or ownership. The said license may be terminated and/or revoked at any time at the Company’s sole discretion.
Regarding the distribution of our products and contact with others, it is of utmost importance to ensure a consistently friendly and secure experience for our clients marked by reliability and fair cooperation with each other and with the entire world of network marketing, while upholding the law and ethical principles.
We therefore ask you to read the following Ethical rules as well as our General Terms and Conditions thoroughly read and make these principles your guide in your day-to-day exercise of your activity.
Ethical rules for dealing with clients
- Our SMPs advise their clients honestly and sincerely, clarifying any misunderstandings about goods, the business opportunity, or other statements made during consulting discussions.
- At the clients’s request, the sales conversation can be omitted, postponed, or amicably discontinued once started.
- When contacting a client, the SMP shall inform the client about all aspects of the product (such as purpose, characteristics, or application) and also, if requested, concerning the potential for further sales.
- ll information provided about the goods must be comprehensive and truthful.
- An SMP may not make any claims, promises or other indications about potential speculative changes in exchange rates.
- The client should not be led to purchase the products through dubious and/or misleading promises nor by promising special benefits when these are linked to uncertain future outcomes.
- SMP may not make any comments with respect to their profit or the potential remuneration of other SMP. Furthermore, an SMP may not guarantee payments or otherwise raise expectations.
- An SMP may not claim that the SRK NETWORK Profit Plan or goods have been endorsed, approved, or supported by any government and/or agency.
Ethical rules for dealing with SMP
- SMPs must always treat each other fairly and respectfully. The same also applies to dealing with partners in other network marketing companies.
- New SMPs should be informed truthfully about their rights and obligations. No information should be provided concerning potential revenue and earnings opportunities.
- No verbal assurances may be made regarding the SRK NETWORK goods and services.
- SMPs are not allowed to poach SMP from other companies. Furthermore, SMPs are not allowed to suggest that other SMPs change their sponsor within SRK NETWORK .
- Compliance with the obligations of §7-§10 of the following General Terms and Conditions in addition to these Ethical rules is required at all times.
Ethical rules for dealing with other companies
- SRK NETWORK SMPs will always be fair and honest in their conduct towards other network marketing companies.
- The systematic recruitment (poaching) of partners is not permitted.
- Disparaging, misleading, or unfair comparative statements about the goods or distribution systems of other companies is prohibited.
Having introduced our Company’s basic Ethical rules, we would now like you to become familiar with the SRK NETWORK General Terms and Conditions.
§1. Scope of validity
The following General Terms and Conditions are an integral part of every sales partnership agreement between the Company, represented by its Managing Director(s) and the independent, self-employed SMP
The Company provides its services solely on the basis of these General Terms and Conditions.
§2. Subject of the General Terms and Conditions, equipment packages and additional services
The Company is a network – marketing company, exclusively providing to its members, educational courses and related to them additional products and services, including products and services provided to SRK NETWORK by third parties, such as virtual coins. The coins are to be provided to the SRK members, in addition, on a promotional free of charge basis, upon their explicit consent and are not in any way related/tied as a service to the educational courses provided by SRK NETWORK. In case a SRK member requires to receive coins, he/she should choose the “receive coins” option. If the option mentioned is not marked, no coins will be assigned.
Certain number of promotional coins will be assigned to the relevant member together with the educational course purchased only upon the request received.
The above described promotional coins are provided by “SRKcoin” – a software and technology company, where its management and usage are subject of the SRKcoin’s terms and conditions and other laws and regulations applicable. More information can be found on www.srkcoin.com.
The promotional coins generated give access to the mining pools of “SRKcoin” but not guarantee that and how many “SRKcoins” will be received. The total number of “SRKcoins” mined can be subject to change according to SRKcoin’s strategy. The members to whom “SRKcoins” are attributed are not allowed to sell them.
The SMP will receive a bonus for his/her marketing activity. This activity does not require SMP to incur any expenses, to accept delivery of a minimum quantity of goods, or to recruit new SMP. Free registration is the only requirement.
In addition, there is a possibility, but not the obligation to recruit other SMP. Upon obtaining the required qualification, SMPs receive a bonus for the realised sales and for the support they provide to those SMPs they recruit. A bonus is expressly not paid for the mere recruitment of new SMP, but for the valued of the sales. The bonus and the manner in which it will be paid will be based on the profit plan in force at that time.
SMPs are provided with an online back office for their activities free of charge; said back office will provide an up-to-date and comprehensive overview of their sales, bonuses, and their growth in client and downline figures. In addition, SMPs may, but are not required to, purchase various services, whereas the acceptance of additional specific for the services Terms and Conditions of use may be required and applicable.
§3. General prerequisites
Services may only be provided to legal entities, partnerships or individuals provided that they or their managers are entrepreneurs and are at least 18 years of age and are not present or former company’s employees or their respective spouse/lineal ascendants or descendants/affinity and collateral relatives up to forth degree. No Services may be provided to consumers.
If a partnership application is submitted by a legal entity or a partnership, said entity or partnership must provide a corresponding commercial register extract (if available for the partnership), together with all relevant articles of association and other comparable documents, as well as their VAT identification number (if available). All shareholders of the applicant and all shareholders of any legal entity or partnership holding shares in said applicant must be at least 18 years of age, be severally and personally liable to the Company for the applicant’s actions, and must personally sign any and all applications (if submitted offline).
Any and all online forms and other Company’s official documents, placed on the SRK NETWORK website constitute an integral part of the present General Terms and Conditions.
In case of offline submission the application must be completed accurately and completely, and then signed by the SMP, with the original sent to the Company. By signing the application, the SMP hereby acknowledges the receipt of these General Terms and Conditions and accepts the same as an integral to all subsequent and additional terms and conditions applicable in addition to those General Terms and Conditions or other specific for certain products terms and conditions of use. Alternatively, these General Terms and Conditions may be accepted in conjunction with online applications by checking the box thus indicated. The Company reserves the right to obtain further information from the SMP on a case-by-case basis.
Any changes to the SMPs’ personal data must be made immediately in the designated section of the Company’s back office.
The Company reserves the right to refuse applications at its discretion, without any need to provide cause. The Company expressly provides notice at this time that no applications from potential partners in Iraq or Iran will be accepted.
In the event of a breach of any obligation stipulated in §1 to §2 and §4 (2)
The Company shall be entitled to terminate the provision of services under the present General Terms and Conditions without notice and, if deemed necessary, demand the return of any bonuses that have already been paid out. In addition, the Company expressly reserves for such cases the right to seek further redress for damages.
§4. The status of SMPs as entrepreneurs
In this business relationship, the SMPs are acting as independent, autonomous entrepreneurs. They are not and can’t be treated as employees, sales representatives, or brokers of the Company. There are no requirements as to revenues, sales, minimum deliveries, etc. SMPs are not subject to any instructions from the Company, with the exception of their contractual obligations, and they bear the full entrepreneurial risks of their business activity, including the obligation to pay all their business costs and the wages of their employees, if any. The SMPs shall set up and operate their businesses in accordance with sound business principles, including the operation of their own offices or other workplaces appropriate for the conduct of business.
As independent entrepreneurs, SMPs are personally responsible for compliance with the relevant legal provisions, including tax and social insurance requirements (e.g. registration for a VAT ID number, registration of their employees in the social insurance system, obtaining business licenses if required). In this regard, SMPs warrant that that will comply with all tax and other payment obligations (such as customs duties or import taxes) such as may be required by the jurisdiction of their registered office concerning the bonuses earned from their activities. The Company reserves the right to deduct the respective amount for taxes and fees from the bonus and/or demand reimbursement for damage or expenses incurred by due to the SMP’s breach of the foregoing stipulations, in the event that the SMP is responsible for the same. SMPs are not paid any social insurance contributions or other taxes related to deliveries for SMP. The SMP is not authorized to make any statements or comments on behalf of the Company.
The Company would like to point out expressly that the SMP’s success depends entirely on their personal commitment, abilities, and effort. Furthermore the Company does not guarantee or warrant any specific level of remuneration or other income from the mere participation in SRK NETWORK and also does not provide a package of services that would result in such guaranteed remuneration.
§5. Notice concerning the voluntary right of revocation
SMPs are registering in SRK NETWORK as an entrepreneurs and not as a clients and therefore do not have the statutory right to revoke the SMP Agreement. Nevertheless, SMPs are granted on a voluntarily basis the right to terminate his/her business relations with the Company and rescind the SMP Agreement within two weeks, from the date the application is submitted, according to the present General Terms and Conditions
Voluntary right of cancelation
SMP can revoke his/her SMP Agreement by providing written notice (by letter or email) within two weeks without any need to provide cause. The two-week period begins once the SMP submit his/her application. The deadline is considered met if the notice has been sent by the deadlines, as evidenced by the date of the postmark or email; the SMP Agreement may also be canceled by returning the starter kit by the same deadline.
The revocation must be sent to Support email (email@example.com) or to Compliance (firstname.lastname@example.org)
Consequences of cancelation
If the SMP terminates his/her business relations with the Company and the SMP Agreement is canceled, any benefits, payments, and/or services received by either party must be returned according the refund- and cancellation policy stated under § 16 (8) and (9) to the other, together with any benefits derived from the same. At this time, we expressly indicate that the services are considered to have been used once the SMP has accessed the services electronically. If SMP cannot return the services received either in full or in part, or can only return them in a condition worse than that in which they were received, the SMP must reimburse for the loss in value. All payment refunds must be made within 30 days. For the SMP, the period begins when the SMP send his/her revocation notice, and for the Company upon receipt of the same.
An SMP may re-register with SRK NETWORK, provided that said cancelation was more than 12 months earlier and that the SMP has not since performed any activities for SRK NETWORK in the interim.
§6. Administrative, support, and handling charges / Delivery of Products
By applying for and being approved, SMPs obtain the right to use the back office provided to them. This is a simple, non-transferable right to use the specific back office. SMPs have no right to modify, edit, or otherwise reorganize the back office nor may they grant sub licenses to the same.
The SMP agrees that the ownership of products that his purchase transfers to him upon delivery of bids and/or other educational packages that becomes available for use at his/her personal website. The said means that the risk of loss and title for such items pass to the SMP, at the time they become available for him/her and the SMP hereby confirms that he/she will be considered as having broken the seal (started using the product) of the products by logging in to his/her SRK NETWORK website and/or accessing the product storage of his/her back office.
The SMP hereby agrees that he/she understands and accepts that the Company is not liable for any delivery delay or loss of product or subsequent losses resulting from such delays if not caused with negligence by the Company.
For any product that is to be provided to the SMP in an electronic format, he/she agrees that delivery of such product shall be deemed to have occurred either (a) at the time the product has been transmitted to the SMP via email or (b) other electronic way to the SMP so that the product is available for downloading and/or viewing at the website.
§7. SMPs’ marketing and other general obligations
SMPs are obligated to protect their personal passwords and user names from third parties. The Company bears no responsibility for any actions undertaken by a person other than the SMP using his/her user name and password. Should an SMP willingly provide their user ID and/or password to an unauthorized under the Company’s T&C person/party the relevant profiles/accounts will be suspended and/ or terminated.
Each SMP can own only one personal account.
SRK Network Ltd takes no responsibility for multiple identity behind a single account registration. The company recognize only one account per one approved KYC submission and approval, meaning a single account represent one sole physical owner.
Еach SMP can own only one personal account. This however does not prevent/impede the SMP to administer additional accounts, of other SMPs, as long as the administration is performed according to the Company's T&C and all other and relevant regulations and internal to the company rules applicable. SMPs are prohibited from harming the rights of or harassing the Company, its other partners, its affiliated companies, or other third parties in the course of their activities; they are prohibited from violating any other applicable laws. Furthermore, SMPs are not permitted to make false or misleading statements about the Company’s products or SRK NETWORK. In the course of their sales activities and structural work, SMPs will only make such statements about the goods offered by and the SRK NETWORK sales system as correspond to the content of SRK NETWORK’s marketing and informational materials. Further misconduct or the bonus of illegal activities, such as the use of unauthorized or unfair advertising practices (such as misleading statements) is prohibited.
SMPs may not disclose any information about their income or the earning opportunities provided by their participation in SRK NETWORK in any of their promotional materials. SMPs are instead expressly required to inform potential partnership applicants that only very few partners can achieve higher incomes with their SRK NETWORK activities and that such incomes are only possible through very intensive, continuous effort.
SMPs may use, produce or disseminate their own sales documents, websites, product brochures, promotion videos, or other self-generated online or offline media and advertising materials only in accordance with the contractual requirements and current legislation. In addition, they are allowed to only work with the official SRK NETWORK advertising claims. The aforementioned also applies to advertising SRK NETWORK system and products on their own or external websites. In the event that SMP promotes the SRK NETWORK system and products in other online media such as social networks (e.g. Facebook), blogs or chat rooms, they must always only use official and approved advertising messages. Furthermore, when using other online media, SMP must explicitly indicate that it is not an official SRK NETWORK advertisement or online presence of the Company, but independently developed by the SMPs advertising of their activity. Unless otherwise specified in the present T&C, in the SMP Agreement or in another legally binding the SMP and the Company document, SMP is not allowed to promote, organize or in any other way participate in an activity involving acceptance of SRKcoin currency by merchants as a mean of payment without prior express written consent of the Company and provided that all the applicable Company’s requirements, policies and procedures are met, including regarding CDD (Customer due diligence).
SRK NETWORK system and products may be presented face-to-face at home-based parties or other events, online parties, webinars or other online presentations, only in compliance with the Company’s advertising policies and in compliance with the relevant Copyright legislation. The SMPs agree and accept that it is expressly indicated hereto, that the Company is not responsible and cannot be held liable for any advertising materials disseminated by the SMPs and any established violations of the Ethical Rules, the present General Terms and Conditions and all other legally related official documents, shall be subject of sanctions, including immediate suspension of the SMP’s account for the period of 14 days and/or imposition of a fine up to 500$.
The services may not be offered at auctions, public or private online flea markets, swap networks, online department stores, online markets such as eBay, Amazon or comparable venues. Advertising in electronic media and mass media is only conditionally allowed. SMPs may advertise SRK NETWORK system and products and services on TV, cable TV, radio, newspapers, email or other forms of electronic media or mass media only with the Company’s prior written consent. Said consent may be withheld by the Company at any time and at its sole discretion.
SMPs are required to identify themselves as Sole Marketing Partners in all of their business dealings. As a rule, all websites, stationery, business cards, car labels, advertisements, promotional materials and the like shall include the words Sole Marketing Partners of SRK NETWORK. SMPs are also prohibited from applying for or taking out loans, incurring expenses, making commitments, opening bank accounts or entering into any other contracts on behalf of, in the interest of or in the name of the Company.
All travel costs, expenses, office expenses, telephone charges and other expenses for advertising materials are the SMPs’ responsibility.
In the course of their business activities, SMPs are not authorized to make negative, disparaging or otherwise unlawful comments or assessments about competing or other third-party companies, brands, logos or other trademarks.
All presentations, advertising materials, training and film materials etc. (including photographs) used in and for the purposes of SRK NETWORK are protected by copyright. SMPs may not copy, distribute, disclose, or otherwise modify the content either in whole or in part in any way that goes beyond the usage already granted contractually without the express written consent of the official owners of those trademarks.
The use (or modification) of the SRK NETOWRK and other registered labels, registered trademarks, product names, titles of works or trade names beyond the scope of the advertising materials and other official documents already provided requires the express written consent of the Company, which it may grant or withhold solely at its discretion. SMPs are further prohibited from registering their own trademarks, titles, websites or other intellectual property rights that contain the Company’s logo, the SRK NETWORK logo, trademark, product names, titles, or trade names of the Company in any other country. The aforementioned prohibition applies to both identical and similar signs and the use of the aforementioned character in subdomains or other subcategories of the URL. The repackaging and relabeling of SRK NETWORK products is also prohibited.
SMPs are not allowed to respond to press enquiries concerning the Company, SRK NETWORK system, its services, its marketing plan, or any other matter related to the Company, its activity and other services. The SMP is obliged to immediately forward all press enquiries to the Company. In addition, SMPs will only make public statements (such as on television, radio or online forums) concerning THE COMPANY, its range of products, and the SRK NETWORK sales system after obtaining the written consent of THE COMPANY. At this time it is expressly hereby stated that any media or other public statements of SMPs are not and will not be considered as official statements about SRK NETWORK system or Company’s products or services.
The SMP will notify the Company of the location, time and content of promotional events designed to appeal to the general public in advance of issuing invitations to such events. The Company may at its sole discretion require changes or even the cancellation of such events
Inquiries or complaints of any kind concerning the goods, service, or the profit system are to be forwarded immediately to the Company.
Re-selling of gift codes at a discount price is strictly prohibited and against the Company’s policy. You can resell gift codes only to your own downline. Violation of this policy leads to this that your money will not be returned.
SMPs may only market SRK NETWORK system and services or recruit new SMPs in those states and countries officially authorized by the Company.
SMPs are always prohibited from selling their own marketing and/or sales documents to other SMPs or from otherwise distributing them.
The use of premium rate telephone numbers to market SRK NETWORK system and products is not permitted.
SMPs must notify the Company immediately and truthfully of any violations of the General Terms and Conditions and the SRK NETWORK Ethical Rules or of any other provisions of the Company.
SMPs are allowed to acquire goods for their personal use or that of their family members or for further resale. Under no circumstances should SMPs initiate the purchase of products in large quantities for their own, any family member’s or other SMP’s consumption, which inappropriately exceed the normal requirements within a household.
In addition, SMPs are prohibited from sending unsolicited (spam) advertising emails, faxes or SMS messages.
The abuse and misuse of email by an SMP is a serious problem. The Company will not tolerate SPAM.
Definition of UCE (Unsolicited Commercial email), or SPAM:
The bulk UCE, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to the Company or any URL (domain) that is linked to www.SRK.eu and / or other web sites owned or operated by The Company.
The use of web pages set up on ISPs (Internet Service Providers) that allow SPAM (also known as “ghost sites”) that directly or indirectly reference clients to domains or IP addresses linked by www.srkcoin.com and / or other web sites owned or operated by the Company.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
Repercussions of SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice. SPAM is not only harmful because of its negative impact on client’s attitudes toward the Company, but it can also overload the Company, resources and other services.
Since it is unsolicited, users who receive SPAM often become angry and send complaints to our service providers. It can cause negative client attitudes and drain resources. The Company strives to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.
Consequences for use of SPAM:
The Company reserves the right to terminate, without warning, any SMP that violates this policy. Usage of the SRK NETWORK system and services constitutes acceptance and understanding of this policy. The Company reserves the right to decide what it considers “SPAM”, “UCE”, “mail bombing”, or “bulk email”, and to determine from all of the evidence whether or not the email recipients were from an “opt-in” email list.
If an SMP or an SMP’s Web site is mentioned in a SPAM complaint, said SMP may be subject to immediate termination.
The Company will not allow the actions of a spammer to compromise the SRK NETWORK’S SMP community. The following actions against a violating SMP shall be applicable:
Termination of position and Web site immediately without a refund of any kind;
Forfeit use of all services and products of the Company;
Face a possible fine of 250$;
The violating SMP exposes himself/herself to all civil and criminal liabilities in the jurisdictions applicable.
Please Note: SMP must pay 250$ to 500$ to any of the Company’s service providers, partners or individuals for excessive SPAM complaints. If an SMP is the user who is violating the ANTI-SPAM POLICY resulting in the Company having to pay 250$ to 500$ penalty, the violating SMP WILL BE HELD RESPONSIBLE AND MUST PAY THE FINE.
The Company reserves the right to determine what violates it’s ANTI-SPAM POLICY.
This ANTI-SPAM POLICY and all other Company’s policies are from time to time subject to change without notice. Continued usage of the services after a change to this policy is implemented and posted on the SRK NETWORK's website constitutes an SMP’s acceptance of such change or policy. The Company encourages all SMPs to regularly review and check the www.SRK.eu site for any changes or additions.
Furthermore the use of false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company; SRK NETWORK system and/or products is strictly prohibited.
If a person or entity indicates that they do not want to receive email, SMP agree not to send email to such person or entity. If a person initially agrees to receive email, but later asks to stop receiving email, SMP must abide by that request.
The Company also prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise.
§8. Non-competition clause / Poaching / Sale of third-party services/ Conflict of interests
SMPs are allowed to sell goods and/or services for other companies, including network marketing companies, to the extent that such are not competitors of the Company. If SMPs are simultaneously active for several companies or network marketing companies, they agree to organize their business activities (along with their respective downlines) in such a way as to avoid any connection or mixing of their activities for these other companies with their activities for SRK NETWORK. In particular, SMPs may not offer products other than SRK NETWORK products at the same time, in the same place or in the immediate vicinity or on the same website, Facebook page or other social media/online platform.
SMPs are also prohibited from recruiting other SRK NETWORK SMPs for the sale of other Company’s products.
SMPs are also prohibited from violating - by entering into another contract – the rights of other SMPs or other sales contracts concluded with further companies and the clauses of which are still valid.
SMPs shall observe strict confidentiality regarding business and trade secrets of the Company and its structure. In particular, the trade secrets include information on downline activities and the information contained therein as well as data about third parties, partners of the Company or other SMPs. This obligation shall remain in effect even after the termination of the relationship between the Company and the SMP.
§10. Protection of downline partners / Crossline sponsoring / Bonus manipulation
Every new SMP recruited by an active SMP to register as an SMP with SRK NETWORK system or to sell its products will be assigned to that same recruiting SMP (protection of downline partner) within its downline based on the time and date that the new SMPs' application was paid and received by the Company. If two SMPs claim to have sponsored the same new SMP, the new SMP will be assigned only to that recruiter named in the new partner’s initial application.
The Company is entitled to delete all personal data, including the email address of an SMP from the system, if advertising mail, letters or emails are returned marked “moved”, “deceased”, “rejected”, “unknown” etc. and the SMP fails to correct the erroneous data within a reasonable grace period. If the Company incurs any costs for undeliverable advertising items and packages, it is entitled to recover said costs from the registering SMP, provided that they are responsible for such failure to deliver.
In addition, cross-line sponsorship and any attempt to do the same within SRK NETWORK system are prohibited. Cross-line sponsoring means the acquisition of a person or a company already an SMP in another SRK NETWORK sales line or that has business relations with the Company within the last 12 months. Using the names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
Bonus manipulation is prohibited. In particular, this includes the sponsoring of SMPs who are actually not involved in business activities with SRK NETWORK (also known as shell vendors), as well as, open or concealed multiple registrations, to the extent that these are prohibited. The use of names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third party names to circumvent this provision is also prohibited.
SMPs may not attempt to protect any sales territory.
§11. Warnings, contractual penalty, profit, indemnity
The first time SMPs are in breach of the obligations set forth in §7, they shall receive a written warning from the Company with a deadline of maximum 10 days to rectify the breach. SMPs agree to reimburse the Company for all costs incurred by such warnings and, in particular, any lawyers’ fees.
It is hereby pointed out that §16(2) herein expressly gives the Company the right to an extraordinary termination of the SMP without warning for any breach of the obligations set forth in §8, §9 and §10(3) or (4), as well as for a particularly serious breach of the obligations set forth in §7 or any other applicable contractual or other right set forth in the law. Notwithstanding the right to immediate extraordinary termination without notice set forth in §16(2), if the above-mentioned breaches of obligations occur, the Company reserves the right at its discretion to issue a warning as described in (1) above before any such extraordinary termination, even if this warning stipulates a shorter grace period for remedial action.
If the provided grace period expires and the same or a fundamentally identical breach of obligations is committed, or if the originally protested breach is not remedied, a contractual penalty in the amount of 5,100$ will become due for immediate payment. In addition to the contractual penalty itself, the SMP shall be responsible for reimbursing all attorneys’ fees associated with its collection.
The contractual penalty notwithstanding, the SMP is also liable for any and all damages incurred by the Company through the breach of obligations as set forth in §7-§9 and §10 (3) and (4), unless the SMP is not responsible for the same.
Upon first request, the SMP shall indemnify the Company against any and all claims by third parties arising from the SMP’s breach of obligations set forth in §7-§9 and §10 (3) and (4) or any other violation of applicable laws. In particular, SMPs agree to cover all costs, especially attorney's fees, court costs and damages incurred by the Company in addressing such matters.
§12. Adjustment of prices
The Company reserves the right, particularly taking into account any changing market conditions, to change the licensing structure and/or the prices to be paid by SMPs. Likewise, the Company reserves the right to change, and, in particular, increase, the shares in bonuses associated with its services, the profit plan and usage fees at the beginning of each new billing period. SMPs will be given a reasonable advance notice of such changes. Price increases of more than 5% or changes to the profit plan to the detriment of the SMP are grounds for the SMP to object to the change. Should SMPs not object to the changed conditions within one month after their announcement, the changed terms shall become an integral part of the present General Terms and Conditions. There is no requirement to notify the SMP of any changes that are known at the time of submission the application and such changes do not constitute grounds for future rejection of the same by the SMPs. If SMPs object to any change in these General Terms and Conditions, the Company is entitled to terminate the SMP Agreement as of the date on which the modified or amended General Terms and Conditions would come into effect.
§13. Payment methods
The Company accepts the following payment methods for the purchase of goods:
The Company warrants that the above stated list of payment methods may be modified from time to time.
§14. Remuneration / Payment terms / Bonus payment methods / Prohibition on the assignment of payments
As profit for their activity and upon reaching the required qualifications, SMPs will receive bonuses which are paid out weekly and arise according to the respective qualification requirements in the SRK NETWORK Profit Plan. SMPs will examine the statements and notify the Company of any objections immediately. All claims for bonuses are based on the applicable Profit Plan available to SMPs at any time in their back office.
The Company reserves the right to require SMPs prove their identity before any bonuses are paid for the first time or services delivered. The Company may at its discretion require that the SMP’s identity be proved within 5 working days with a copy of their personal ID or passport, an excerpt from the commercial register, a VAT certificate, or that of some alternative TAX ID, potentially in conjunction with a recent electricity, gas water or other utility statement.
SMPs will provide the Company with their tax ID and a copy of the confirmation letter from the responsible tax office immediately upon opting to pay VAT on their business activities or when their business volume exceeds the thresholds set for small business exemptions.
Bonuses and charges for the delivery of services of SMPs may only be paid to accounts held in their name or that of a partnership or legal entity in business relationship with SRK NETWORK, unless otherwise expressly agreed.
The Company is entitled to assert its right of retention in accordance with the law. In addition, the Company may exercise its retention right by withholding the payment of bonuses if any of the documents required by law, (such as the VAT identification number for legal entities, as requested and issued; and business registration etc.) have not been provided upon request before the first payment is due. If the Company exercises its right to withhold bonus payments, the parties hereby agree that the SMP shall not demand interest on the amount payable.
If SMP lose their qualified SMP status, they forfeit all claims to bonuses from the time said status is lost. It is of course possible for the SMP to regain the respective qualification in the future again, but without reactivation of previous bonus claims.
The Company is entitled to fully or partially offset its claims against SMPs against their bonus claims. SMPs are only entitled to offsets when counterclaims are undisputed or have been established by a court of law.
SMPs may not assign or pledge claims arising from the SMPs agreements unless ordered by a court of law. The SMP Agreement may not be encumbered with the rights of third parties, unless ordered by a court of law.
The Company must be notified in writing within five (5) working days (as of the date of the payment) of any incorrect bonuses or other payments. After this time, the bonuses or other payments shall be deemed as accepted and approved.
§15. Blocking of the SMP
Should SMPs fail to provide all of the necessary documents within 30 days of registration and acknowledgment of the requirements for the payment of bonuses, the said SMP shall be temporarily suspended until such time as the documents required by law are provided. The same applies if the SMP fails to comply with the deadline set forth in § 14 (2), is in breach of § 14 (3) until such breaches are rectified, or if the SMP fails to pay the payable fees. The suspension period does not give the SMP the right to an extraordinary termination and does not create grounds for a refund of any initial orders and starting packages already paid or for a claim for damages, unless the SMP is not responsible for the situation leading to the suspension.
Claims for bonuses that cannot be paid for the aforementioned reasons will be posted as accrued liabilities in the Company’s bookkeeping system and will expire no later than the statutory limitation deadlines.
In each instance where a warning is necessary, the Company is entitled to reimbursement of the necessary costs for the warning.
Irrespective of the reasons for suspensions mentioned in § 15 (1), the Company reserves the right to block the SMPs’ access without observing the notice period if the SMP is in breach of the obligations mentioned in §§7-9 and §10 (3) and (4) if the SMP violates any other applicable laws, or, alternatively, if there is an important reason, and if the SMP does not remedy the corresponding breach of obligations despite receiving an appropriate warning within the extension period specified in §5 or the breach of obligations entitles the Company to an extraordinary termination.
§16. Duration and termination of the SMP Agreement, Consequences of termination / Refunds / Return
The SMP Agreement (forming inseparable part of one document and entire agreement between the Company and its SMPs, together with the present General Terms and Conditions and the Profit Plan) is concluded for an indefinite period and may be terminated by both parties at any time, even within the contractual period, with one month’s notice prior to the end of the next calendar month.
Notwithstanding the cause for termination according to (1) above, the Company reserves the right to terminate for good cause. Such important reasons especially include the breach of any of the obligations set forth in §7, if the SMP fails to remedy the same in a timely manner as set forth in §11(1), or if, after such remedy, the SMP is once again in breach of the same or a similar duty. For any breach of the obligations set forth in §§8, 9 and 10 (3) and (4), 18 (4) or 19 as well as any particularly severe breach of the obligations set forth in §7 or any other applicable contractual or statutory law, the Company is entitled to an extraordinary termination of the SMP Agreement without prior notice. In addition, either party is entitled to extraordinary termination of the SMP Agreement if insolvency proceedings are instituted against the other party or if such proceedings were rejected due to a lack of assets or if the other party is otherwise insolvent or has submitted an affidavit of insolvency in response to an attempt to enforce a judgment by writ. The right to extraordinary termination shall not affect any other claims.
Domains that include the name of the Company, “SRK NETWORK” or any other brand, business name, or product name owned by the Company or its business partners may no longer be used by the SMP after the SMP Agreement is terminated.
An early termination of an SMP Agreement with a minimum term does not entitle the SMP to any refund of any payments, unless the SMP has exercised the right to extraordinary termination due to an important reason.
SMP may re-register with SRK NETWORK after canceling their previous SMP Agreement again, provided that said cancellation and confirmation of cancellation by the Company were at least more than 12 months earlier and that the terminating SMP has not since performed any activities for SRK NETWORK in the interim.
Once the SMP Agreement is terminated, SMP have no further right to bonus payments and especially no right to sales agent indemnification payment claims, since SMPs are not sales agents.
The SMP may return purchased SRK NETWORK products in the following circumstances (excluding personalized or customized items):
• The purchased package may only be refunded to the SMP in case he/she has not logged in for the period of 14 (fourteen) days from the date of submission the application, unless there is a mandatory term, stated by the applicable law. No refunds will be made after the SMP has logged in to his/her account. By logging into his/her SRK NETWORK account it is considered that the SMP is accepting the SRK NETWORK General Terms and Conditions and no refunds of his payment shall be made.
• The SMP has the right to terminate his/her business relations with the Company and withdraw from the SMP Agreement only if he/she has not logged in to his/her account, started using the platform and gained access to the product.
The Company will process the return promptly upon verifying that the SMP is eligible for a refund. In most cases, the SMP should expect to receive the refund within 30 working days of receipt of the termination notification by the Company.
The SMP hereby confirms that he/she understands that the Company's return policy will NOT cover situations where the SMP has already received commission payouts, or other benefits, as a result of using the SRK NETWORK's products/goods and/or services.
All refund requests must be made within14 days of submission the application. The return request will deactivate the initial order instructions and it will delete the SMP’s unique identification (user name) for the Training and Rewards Package. This cancellation policy is designed to protect the ALS training and education material because it is proprietary intellectual property. The SMP’s activation and position in the profit system will be cancelled. Any commissions paid to returnee will be deducted from the refund amount.
Submit cancellations at support and please provide SMPs username, payment proof and date of purchase.
Should an SMP claim services from the Company outside the scope of these General Terms and Conditions and of the SMP Agreement, these services will remain unaffected after the termination of said SMP Agreement, unless the SMP expressly requests their discontinuation in their termination notice. Should the SMP receive services from the Company after the termination of the SMP Agreement, they will be treated as a normal client.
The Company is only liable for damage other than injury to life, limb or health if the damage results from intentional or grossly negligent acts or a culpable violation of essential contractual obligations (e.g. the payment of bonuses) by the Company, its employees or agents. This also applies to damages resulting from the breach of obligations in contract negotiations as well as in the event of torts. Any further liability for damages is excluded.
Any liability for damage other than injury to life, limb or health or that caused by intentional or grossly negligent acts of the Company, its employees or agents is limited to those damages that would be typically foreseeable at the time of conclusion of the SMP Agreement and also to the average amounts as would be typical for contracts of this sort. This also applies to indirect damages, including, in particular, loss of profits.
The Company disclaims any liability for damage of any kind caused by data losses on computer servers, unless such losses are caused by gross negligence or intentional actions of the Company, its employees or agents. The Company treats any content stored on the servers by SMPs as third-party content in accordance with all relevant and applicable data protection legislation. The Company is not liable for any wrong data and/or information submitted by the SMP in the application. The Company is not responsible if incorrect usernames have been provided by SMPs.
The Company is furthermore not responsible for any of its Sole Marketing Partners (SMPs) claims about income, team building or others. The Company has a ZERO tolerance when comes to unprofessional behavior that can in any way shape or form its business reputation. If an SMP encounter unprofessional behavior he/she must immediately notify the Company so that the appropriate actions against the said are taken timely.
§18. Transfer of business operations or the sponsored structure to third parties / Death of the SMP
The Company can transfer its contractual position at any time to a successor company that will continue the business covered by these General Terms and Conditions and the SMP Agreement in the same manner and will fully assume the former company’s existing rights and obligations. The Company is entitled to use and uses the services of supporting partnering companies. The above mentioned companies are aimed to facilitate the provision of the services, including payments; technical and administrative operations of the Company. Those companies are independent separate entities, where the relevant to their place of registration laws shall be applied. The Company is not and shall not be held liable for any activities of those partnering companies, unless any occasional violations of the relevant and applicable legislations are caused by gross negligence or intentional actions of the Company, its employees or agents/partnering companies.
The SMP is entitled to transfer his/her downline structure/position only with the prior written consent of the Company – which is to be given at its sole discretion - and presentation of the purchase and / or transfer the contract with the third party, as well as the presentation of the SMP application of the third party to the Company. The SMP is obliged to notify the Company of the intended transfer of its sales structure in writing. A sale of a SMP’s sales structure is only permitted if the business relationship between the SMP and the Company has not yet been terminated. With immediate termination or breach of these General Terms and Conditions, the right of the SMP to sell his/her own sales organization is withheld; similarly, the right to sell is withheld in the event the respective SMP has outstanding payments to the Company.
Should an SMP be registered as a legal entity or a partnership, distribution structure transfers are only permitted if the additional conditions set out in these General Terms and Conditions and the SMP Agreement are met.
If a legal entity or partnership is newly registered and an SMP wants to add a new shareholder, this is possible if the previous shareholder(s) who filed the original application remain shareholders. Should a shareholder wish to leave a legal entity or partnership that is registered as an SMP or should they wish to transfer their stake amounting to more than 30% to third parties, this action is permitted with the prior written consent of the Company solely at its discretion and only upon submission of a written request, including copies of the corresponding notarial deeds, which must be in accordance with the provisions of these General Terms and Conditions and the SMP agreement. Insofar as an SMP registered as a natural person wishes to transfer his/her position to a legal entity or partnership, this is only possible with the prior consent of the Company solely at its discretion, provided that the SMP agrees to continue to be solely responsible and personally liable to the Company and submits the relevant documents. In those cases the Company may levy an administrative fee of 25$ to process such requests. If this requirement is not met, the Company reserves the right to extraordinary termination of the SMP Agreement.
The SMP agreement shall end at the latest with the death of the SMP. It may be passed on as an inheritance as required by law. As a rule, the heir(s) must sign a new SMP agreement within six months of the previous SMP’s death and thus assume the rights and obligations of the deceased SMP. The death must be proven by means of a death certificate. Should there be a will granting the SMP Agreement as part of the deceased’s inheritance, a notarized copy of the will must be presented. The six-month period may be extended by a reasonable length of time on an exceptional basis, if it is disproportionately short for the heir(s).
§19. Separation / Dissolution
In the event that a married couple or life partners, a legal entity or partnership registered as SMPs terminate their association internally, there shall still be only one SMP position even after the separation, dissolution or other termination of the above-mentioned association. Those members/shareholders leaving the legal entity or partnership shall decide internally which member(s)/shareholder(s) shall continue the SMP Agreement and provide written notice of their decision to the Company. In the event of an internal dispute over the consequences of the separation, divorce, dissolution or other termination with respect to the participation in the SRK NETWORK system, the Company reserves the right of extraordinary termination, where such a dispute leads to a dereliction of the SMP’s duties, to a violation of these General Terms and Conditions, to a violation of the applicable laws or to an unreasonable burden on the downline or upline.
§20. Inclusion of the profit plan
The SRK NETWORK profit plan and the requirements contained therein are also explicitly part of the General Terms and Conditions and the SMP Agreement. The SMP must comply with the provisions contained in the current version of these General Terms and Conditions
By submitting an online application to the Company, the SMPs warrant that they have read and understood the profit plan and accept these documents as integral component of these General Terms and Conditions.
The Company shall be entitled to change the Profit Plan at any time. The Company will announce any general amendments within a reasonable period. The SMP has the right to object to the amendment. In case of an objection the SMP is entitled to terminate the SMP Agreement at the date of entry into force of the modification. In case he/she does not terminate the SMP Agreement within two weeks after the entry into force of the modification, the SMP expressly accepts the modification.
§21. Consent to the usage of photographic and audiovisual material
The SMP grants the Company the right to freely collect and execute photographic and/or audiovisual material containing his/her picture, voice recordings, statements and citations within the scope of his/her function as an SMP. For this purpose, the SMP explicitly agrees to the publication, usage, duplication and modification of his/her citations, footages or records by signing the SMP application and notice of these General Terms and Conditions. The SMP shall be entitled to revoke the aforementioned consent. In case of a revocation, the Company will stop the foregoing usage within a one-month period.
§22. Inclusion of the profit plan
In the following, you will find the the Company’s Data Protection Declaration.
You can visit our website while remaining anonymous. In each case of a website visit, your Internet browser indeed transmits the following data to our web server: date and time of the website visit, the sender’s IP address, the requested resource, http-method and http User Agent header. However, our web server will store these data separately from other data; hence, it is not possible for us to allocate these data to a specific person. Following an anonymous analysis for statistical purposes, these data will be deleted immediately.
The Company uses Google Analytics for being able to categorize requests and requirements of the interested party. Google Analytics applies so-called “cookies”, text files, which will be stored on your computer and allow analyzing your use of the website. The information created by the cookies referring to your visit of this website (including your IP-address) will be transferred to a server of Google in the USA and stored there. Google will use this information for analyzing your use of the website, for compiling reports on the website activities for the website-operators and for providing additional services related to website and internet usage. Furthermore, Google may eventually pass this information on to third parties, if this is required by law or if third parties will process these data on Google’s behalf. Google will never associate your IP-address with other data of Google. You may refuse the installation of cookies by selecting the appropriate settings on your browser software; however please note that if doing this way you may eventually not be able to make full use of all the functions of this website. By using this website you agree that the data collected by Google concerning your person may be processed in the manner and for the purpose described above.
The Company uses so called social plugins (“plugins”) from the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). The plugins are marked with a Facebook logo or by the additional text “social plugin of Facebook” or “Facebook social plugin”. Here you can find an overview of the Facebook plugins and their
If you access one site of our web presence containing such a plugin, your browser will establish a direct connection to the servers of Facebook. The plugin's content will be directly transmitted from Facebook to your browser, which will integrate it into the website.
By integrating the plugin, Facebook receives the information that your browser has accessed the respective page of our website, even if you do not have a Facebook account or if you are just not logged in to Facebook. This information (including your IP-address) will be directly transferred by your browser to a Facebook server in the USA and stored there.
If you are logged into Facebook, Facebook can directly allocate the visit to your Facebook account. If you interact with the plugins, such as by pressing the "Like" button or by making a comment, the corresponding information is also sent directly to a Facebook server and stored there. In addition, the information is also posted on Facebook and can be seen by your Facebook friends.
The purpose and scope of data collection, further processing and use of this data by Facebook as well as your relevant rights and the setting options aiming at the protection of your privacy can be found under Facebook’s data protection policy: http://www.facebook.com/policy.php.
Note concerning the Google +1-button: By means of the Google +1-button you can globally publish information. Via the Google +1-button, you and other users will receive personalized information from Google and our partners. Google will store the information you have given for the content +1 as well as information about the site you have watched when clicking +1. Your +1 can be shown as indications together with your profile name and your photo in the context of Google services, such as displaying it in search results, in your Google profile or at other positions on websites and advertisements on the internet. Google records information about your +1-activities thus aiming at the improvement of Google services for you and other users. For being able to use the Google +1-button, you will need a globally visible, public Google profile which has to contain at least the name chosen for the profile. This name will be used with reference to all Google services. In some cases, this name may also replace another name you have been using for sharing content via your Google-account. The identity of your Google profile may be shown to users knowing your email-address or having other personally identifying information from you.
Use of the collected information: In addition to the above mentioned purposes, the information provided by you will be used according to the applicable data protection rules of Google. Google will eventually publish summary statistics on the +1-activities of the users or will pass them on to users and partners – such as publishers, advertisers or linked websites.
On the the Company’s sites, functions of the service Twitter are integrated. These functions are offered by Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA. By using Twitter and the “retweet” function the visited by you websites will be linked to your Twitter account and communicated to other users. While doing so, data will also be transferred to Twitter. Please note that we - in our capacity as provider of the sites – are not receiving any information by Twitter about the transferred data’s content and its usage. Further information you will find in the Twitter Privacy Statement under http://twitter.com/privacy. Your Twitter data protection settings can be changed in the account settings under http://twitter.com/account/settings.
Personal data will only be collected insofar, as the SMP will voluntarily submit them during the ordering or registration process. The Company will use these transmitted, personal data (e.g. title, name, address, email-address, telephone number, fax number, bank transfer data) without explicit, separate consent in accordance with the regulations of the relevant data protection laws and only for the purpose of SMP Agreement fulfilling.
For the purpose of fulfilling the SMP Agreement, e.g. for the settlement accounting or payment of bonuses, for product or marketing information, the SMP’s personal data will be forwarded to third parties, for example the accounting department of an electronic payment platform – to the extent necessary for the fulfillment of the aforementioned, contractual obligations. After complete execution of the SMP Agreement, including full payment of the agreed remunerations, the SMP’s data will be deleted. Data, which have to be stored for tax or commercial reasons, will be blocked after implementation of the SMP Agreement, provided that the SMP has not given his/her explicit consent to a further use of his/her personal data.
The SMP shall, at all times, be entitled to request free information about his/her data and that his/her personal data will be amended, blocked or deleted. If the SMP wishes to receive further information concerning the storage of his/her personal data or if the interested party wants the data to be deleted, blocked or amended, he/she can contact the support (email@example.com).
This Data Protection Declaration is accessible and retrievable on the SRK NETWORK websites at any time.
§23. Limitation period
Claims arising from this contractual relationship become time-barred after 6 months starting from the time the corresponding claim becomes due and the entitled person knows all the circumstances justifying his/her claim, or if his/her ignorance of the circumstances are due to gross negligence. Statutory provisions mandatorily prescribing a longer limitation period shall remain unaffected.
§24. Dispute settlement
The Parties will act to amicably resolve questions and differences concerning structure, interpretation and effects of these General Terms and Conditions and other related to the General Terms and Conditions questions or the subject-matter of the latter.
Any dispute related to commercial and inter-companies matters shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of which are deemed to be incorporated by reference into this clause, which shall include specifically:
(a) The number of arbitrators shall be three.
(b) The language to be used in the arbitral proceedings shall be English. Any documentation not presented in English shall be translated into English at the expense of the party submitting them.
Any disputes between the Company and its SMPs and clients, related to and in relation to these General Terms and Conditions and regarding to its existence, governance, validity or termination, shall be referred to and finally resolved by binding arbitration under the Arbitration Rules of the Arbitration Court at the Bulgarian Chamber of Commerce and Industry or The London Court of International Arbitration
The above under (2) and (3) mentioned does not prevent/restrict implementation of any other mandatory rules of the country or EU Member State where the SMP has his/her usual place of residence.
§25. Final provisions
The Company is entitled to change the General Terms and Conditions at any time, where modifications will be announced within a reasonable period. The SMP has the right to object to the amendment. In case of an objection, the SMP is entitled to terminate his/her relations with the Company at the date of entry into force of the modification. In case the SMP continue using the services and does not terminate his/her relations with the Company within two weeks after the entry into force of the modification, the SMP expressly accepts the modification.
Furthermore, modifications and additions to these General Terms and Conditions are to be made in writing. This shall also apply to the revocation of the written form requirement.
In case of invalidity or incompleteness of a clause of these General Terms and Conditions, the validity of the entire document shall not be affected. Instead of that, the invalid clause shall then be replaced by a valid one whose economic purpose comes as close as possible to that of the invalid clause. The same shall apply when covering a gap requiring regulation.
With the acceptance of the following General Terms and Conditions SMP declares and agrees that he/she fully understands and accepts the hereto stated rights and obligations, including all relevant and applicable internal rules, together with those described in the SMP Agreement and the Profit Plan of SRK NETWORK.
Version of the General Terms and Conditions: 21.09.2017