(1) The following terms and conditions are part of every affiliate agreement between NEXIUM (Email: info-at-nexium.vip) and the independent referral agent (hereinafter referred to as: affiliate or affiliate partner). According to the referral agent definition in the preamble, affiliates are explicitly limited to providing general indications about the availability of services on NEXIUM’s platform and are only permitted to establish contact between NEXIUM and potential customers or other affiliates. Affiliates are strictly prohibited from offering advisory or brokerage services, especially those aimed at encouraging a potential customer to complete a transaction or which may influence such a decision.

(2) NEXIUM’s contractual services are exclusively provided based on these General Affiliate Terms.

(1) NEXIUM operates an online platform designed as a community of interest, where members can access information and services related to finance (including educational offerings). Additionally, NEXIUM's product partners (which are always independent international companies with the necessary regulatory permissions for the services they provide) offer various services on the online community platform that members can directly purchase. It is important to note that NEXIUM itself does not offer trading products, financial products, financial services, or similar services, nor does it sell them for a fee. NEXIUM also does not provide brokerage or advisory services for these product partners, which is carried out solely by the product partners themselves.

(2) The affiliate has the opportunity, without any obligation to do so, to act as a referral agent by using their affiliate link (also referred to as a "referral link") in accordance with the definition of a referral agent provided in the preamble. Their role is strictly limited to establishing contact (or otherwise introducing potential customers) between NEXIUM and potential customers. The affiliate is not permitted to promote the paid services offered by the product partners on the platform or provide additional information about them. If a potential customer successfully registers with NEXIUM and proceeds to make a bonus-eligible purchase in the future, as specified in the bonus plan attached as Appendix 1, the affiliate will receive a corresponding bonus, also based on the bonus plan in Appendix 1 and the bonus conditions set out in § 13. The affiliate is not required to make any financial contributions, nor is there a minimum number of services they must purchase from NEXIUM or its product partners. Only a free registration is necessary. The affiliate will not receive any bonus for merely establishing contact as described in sentence 1, unless it leads to one or more subsequent bonus-eligible contracts (purchase of services on the NEXIUM platform).

(3) Additionally, without obligation, the affiliate may also contact others about becoming affiliates for NEXIUM. If these potential affiliates enter into an affiliate agreement with NEXIUM and generate product-related sales through referral activities as described in paragraph (2), the original affiliate may receive a bonus according to the bonus plan in Appendix 1 and the bonus conditions outlined in § 13. No bonus is awarded solely for the completion of a new affiliate’s distribution agreement.

(4) To facilitate and carry out these activities, NEXIUM provides the affiliate with online access to a back-office system, including the affiliate link (and the corresponding replicated website). This system allows the affiliate to monitor their bonuses and customer connections in real-time and in detail.

(1) A contract may be concluded with legal entities, partnerships, or individuals who are 18 years of age or older, are entrepreneurs according to applicable law, and possess a business license (or have applied for one at the time of contract conclusion or will promptly apply for one thereafter), provided this results in regular, professional activity—whether full-time or part-time. Contracts with consumers are permitted if they have been fully informed about the requirements for professional activity and the risks, such as when using one of the offered product packages (up to the risk of an unlikely but possible total loss). Each affiliate is allowed only one registration, and direct or indirect multiple registrations—such as through an additional legal entity or a "straw person" (e.g., a spouse/partner who is not actively involved)—are prohibited.

(2) NEXIUM reserves the right to request proof of age, proof of business license, a commercial register extract, account verification, and identity verification of the applicant or the responsible individual as part of a "Know Your Customer" (KYC) procedure after the submission of the affiliate's application—and at any time after the acceptance of the contract application.

(3) The affiliate is required to complete the online affiliate application fully and accurately and submit it electronically to NEXIUM. By checking the designated box in the application form, the affiliate acknowledges and accepts these General Affiliate Terms as well as the bonus plan as part of the contract. NEXIUM reserves the right to request additional information from the affiliate in individual cases.

(4) Any changes to the affiliate’s personal information must be promptly reported to NEXIUM through the back office using the technical guidelines provided there.

(5) NEXIUM reserves the right to reject affiliate applications at its discretion, without providing a reason. Any online order or application forms used will be considered part of the distribution agreement.

(6) In the event of a violation of the obligations set forth in paragraphs (1), (2), and (4), NEXIUM has the right to terminate the distribution agreement (hereafter also referred to as the affiliate agreement) without notice and, if applicable, reclaim any improperly paid bonus payments. Additionally, in the event of such termination, NEXIUM explicitly reserves the right to pursue further claims for damages.

(1) The affiliate partner operates as an independent and self-employed entrepreneur. They are neither an employee, commercial agent, nor broker of NEXIUM. There are no sales quotas, purchasing requirements, distribution obligations, or other activity requirements. The affiliate partner, with the exception of contractual obligations, is not subject to any instructions from NEXIUM and assumes full entrepreneurial risk for their business activities, including the responsibility for all business expenses such as advertising, travel, accommodation, office, rental, and insurance costs, as well as ensuring proper payment of their employees and/or other agents if they employ any. There are expressly no claims for reimbursement or coverage of costs by NEXIUM, regardless of their nature.

(2) If required, the affiliate partner must set up and run their business in accordance with the standards of a prudent merchant, which includes maintaining an office space or a professional workspace if the affiliate activity is conducted as a regular business, either on a part-time or full-time basis.

(3) As an independent entrepreneur, the affiliate partner is solely responsible for complying with relevant legal regulations, including tax and social security obligations (e.g., obtaining a VAT identification number, registering employees for social security, or obtaining a business license where applicable). By registering, the affiliate confirms that they have the necessary business license or have applied for one or will promptly apply if their activity becomes a regular business, whether part-time or full-time. The affiliate also guarantees that all bonuses earned from their activities with NEXIUM will be properly taxed according to the laws of their place of business. NEXIUM reserves the right to deduct taxes and levies from agreed bonuses or to claim damages or reimbursement of expenses resulting from any violation of these obligations, unless the affiliate is not responsible for the damage or expense. NEXIUM does not pay social security contributions for the affiliate, nor does it calculate, process, or cover tax-related deductions or surcharges. The affiliate is not authorized to make declarations or enter into obligations on behalf of NEXIUM.

(4) All travel expenses, per diems, office expenses, phone charges, or other costs related to promotional materials must be covered by the affiliate.

Affiliates based in Switzerland should be aware that under applicable Swiss law and according to the relevant social security compensation office, referral activities based on bonuses, even when performed as independent contractors for contractual and tax purposes, may be considered dependent employment under the Swiss Federal Act on Old-Age and Survivors Insurance (LAVS). This means that, in individual cases, the affiliate may be subject to social security contributions under Swiss law. Whether an affiliate's referral activity is classified as independent or dependent depends on various factors, including renting their own office space, employing their own staff, or the significance of the entrepreneurial risk assumed by the affiliate. Affiliates should consult with the relevant compensation office to clarify their status if in doubt.

You are registering with NEXIUM as an independent entrepreneur, not as a consumer, so you are not entitled to any statutory right of withdrawal. However, NEXIUM voluntarily offers the following contractual right of withdrawal.

You may withdraw your contractual declaration within two weeks without providing a reason, by sending a written notice via email. The withdrawal period begins upon the online submission of the affiliate application. To meet the withdrawal deadline, it is sufficient to send the withdrawal notice in time (date of postmark or email).
The withdrawal should be addressed to: affiliate -at- nexium.vip, and must include your full name, residence, username, email address, and user ID.

The provision or purchase of services, as well as the ability to operate as an affiliate, will only occur after the withdrawal period has expired. If the affiliate requests the provision or delivery of services or the commencement of their referral activities before the withdrawal period expires, they explicitly waive their right of withdrawal.

Upon receipt of the withdrawal notice, the contractual relationship between the parties ends. Since the affiliate does not incur any registration costs with NEXIUM, no further reversal of transactions is required.
An affiliate may re-register with NEXIUM after exercising their right of withdrawal, provided that at least three months have passed since the withdrawal and that the withdrawing affiliate has not engaged in any activities for NEXIUM during this period.

End of the Withdrawal Notice

(1) Upon registration, the affiliate partner acquires a free right to use the backoffice, the affiliate link (along with the replicated website), and other advertising and training tools provided through the NEXIUM internet platform. This usage right is a simple, non-transferable right limited to the specific backoffice, affiliate link, and the additional tools provided. All copyrights and intellectual property rights remain the exclusive property of NEXIUM. The backoffice, affiliate link, replicated website, and all usable tools, including any modifications or updates, are the property of NEXIUM. The affiliate is prohibited from deleting or destroying any copyright or ownership notices.

(1) The affiliate partner is required to protect their personal passwords and login credentials from third-party access. Affiliates are prohibited from violating the rights of NEXIUM, its affiliates, product partners, or any third parties, from harassing others, or from breaking any applicable laws. Specifically, affiliates are not permitted to make false or misleading statements about NEXIUM's services or its distribution system. Affiliates must only make statements about NEXIUM, its bonus system, or the services offered on the platform that fully align with the content and wording of official NEXIUM promotional and informational materials.
Additionally, affiliates are prohibited from sending unsolicited mass spam or promotional emails, fax advertisements, social media spam, chat spam, or promotional SMS. Any misuse or illegal activities, such as using unauthorized, misleading, or unfair advertising/statements, or providing information and/or proofs beyond what is outlined in the referral definition (see preamble), are strictly prohibited. The use of NEXIUM's logo or advertisements involving the NEXIUM name, especially on social media platforms, is expressly forbidden. This rule is intended to protect NEXIUM’s reputation and prevent exaggerated or false statements associated with its name. Official documents may only be shared in person, after a direct contact has been established. Public statements connected with the NEXIUM name require prior written approval from NEXIUM. Requests for such approval should be sent to: pr -at - nexium.vip.

(2) Affiliates are prohibited from making payments to NEXIUM on behalf of other affiliates or customers (third-party payment prohibition). Affiliates are also expressly forbidden from accepting cash, wire transfers, other payments, or cryptocurrencies from third parties to purchase services from NEXIUM or its product partners without verifying the origin of the funds (Anti-Money Laundering Law), and without obtaining written consent from the relevant customer and/or affiliate partner.

(4) The use, creation, and distribution of online advertising materials, self-produced product brochures, video content, TV advertisements, audio content, the creation of personal websites (including professional social media business profiles), or any other independently created promotional materials is only permitted with prior express written or email consent from NEXIUM, which is granted at NEXIUM's sole discretion. Requests for approval should be sent via email to pr -at- nexium.vip.

(4a) If the affiliate partner promotes their referral activities through other online media such as social networks (e.g., Facebook, YouTube, Twitter, or Instagram), online blogs, or chat rooms (e.g., WhatsApp, Telegram, or Snapchat, which must always be identified as team groups) or webinars, they must strictly limit their actions to referral activities in compliance with the contractual requirements. The affiliate must clearly identify themselves by their full name (anonymous or pseudonymous posts are prohibited) and must not make their affiliate link publicly accessible (sharing the link is only allowed through private, one-on-one offline or digital exchanges). Furthermore, they must not make false, misleading, or exaggerated statements about their income or the bonus opportunities with NEXIUM and must not advertise working for NEXIUM as an employee or similar. Social media promotion is only allowed on the affiliate's private social media channels, and professional social media business profiles are not permitted without prior express written consent from NEXIUM. Before launching their own social media business profile, the affiliate is required to submit the social media presence or channel to NEXIUM for review via email to pr -at- nexium.vip. Any recruitment for NEXIUM as a customer or referral partner must only occur through the affiliate’s official replicated website (either the standard or pro version). The affiliate partner must include a link to their replicated website on their social media presence or channel.

(4b) The affiliate partner is not permitted to use online classified ads (including Craigslist) to advertise their referral activities. Sponsored links or pay-per-click (PPC) ads, as well as GoogleAds, social media ads, or similar online advertising, are strictly prohibited.

(5) Customer referrals to NEXIUM or referral activities may take place, as permitted by law, through four-eyes or larger meetings, home parties, online home parties, online chats/chat groups, and/or online webinars hosted by the affiliate. However, the affiliate link may only be shared personally, and not publicly in chat groups, webinars, or similar platforms. Referral activities may not occur in physical stores, trade fairs, exhibitions, third-party online platforms like eBay or Amazon, TV sales shows, telemarketing, or similar sales channels.

(6) The affiliate partner is prohibited from selling or distributing personal training tools, lead generation tools, webinars, other personal services, or third-party services related to the NEXIUM business to other NEXIUM affiliates.

(7) The affiliate partner is expressly prohibited from offering loans or any financial assistance to potential or existing NEXIUM customers or affiliates to enable them to fully or partially use or purchase services from the NEXIUM internet platform.

(8) The affiliate partner must not give the impression that they are acting on behalf of or under the authority of NEXIUM. Instead, they are required to introduce themselves as an “independent NEXIUM affiliate partner.” Approved personal websites, social media profiles, chat groups, webinar rooms, letterheads, business cards, vehicle signage, advertisements, and promotional materials must include the designation “independent NEXIUM affiliate partner” and must not use the NEXIUM trademark or brand names, business titles, or other NEXIUM identifiers without prior express written consent. The affiliate is also prohibited from applying for or taking out loans, making expenditures, opening bank accounts, entering contracts, or making announcements or binding statements on behalf of NEXIUM. The affiliate is not authorized to collect debts or represent NEXIUM in dealings with third parties.

(9) In business interactions, the affiliate partner must not make negative, defamatory, or illegal statements about competing companies or other businesses, nor use negative or defamatory remarks to poach affiliates from other companies.

(10) All presentation, information, training, and video materials (including photographs) or other NEXIUM content are protected by copyright. The affiliate may not reproduce, distribute, publicly share, or modify these materials in whole or in part beyond the usage rights granted in the contract without express consent from NEXIUM via email. The distribution, reproduction, and publication of (digital) training and informational materials (e.g., by uploading to YouTube or other online media), as well as the modification or alteration of these materials, is strictly prohibited.

(11) The use (or modification) of NEXIUM's branding, including the NEXIUM logo, registered trademarks, product names, titles, and business designations, or those of its product partners, is not allowed beyond the expressly provided advertising materials and other official NEXIUM documents. This applies both online and offline, including websites, chat groups, webinar rooms, and social media profiles. Furthermore, it is prohibited to register personal trademarks, titles, internet domains, email addresses, chatrooms, social media profiles, or similar entities that contain the NEXIUM brand or registered trademarks, product names, titles, or business designations of NEXIUM or its product partners. This also applies to trademarks, business designations, or titles for which NEXIUM holds exclusive usage rights. This prohibition, outlined in paragraph (2), applies to both identical and similar designations.

(12) The affiliate partner is not allowed to respond to or engage in interview or other press inquiries about NEXIUM, its services, the services of its product partners, or the NEXIUM bonus plan. The affiliate is required to immediately forward all press inquiries to NEXIUM (email: pr -at- nexium.vip). The affiliate is also prohibited from making public statements (e.g., on TV or radio) about NEXIUM, its services, product partners, or the NEXIUM sales system, and must direct any related inquiries to NEXIUM promptly.

(13) All customer inquiries or complaints regarding NEXIUM's services, customer service, or compensation plan must be forwarded immediately to NEXIUM at service -at- nexium.vip.

(14) The affiliate partner agrees to ensure that customer data acquired through their sales activities is used exclusively within the scope of their role as an affiliate partner and is not shared with or used by third parties or for third-party services.

(15) The affiliate partner may only promote NEXIUM contact opportunities or approach potential affiliates, customers, or members in countries officially opened by NEXIUM. It is prohibited to present oneself as a NEXIUM branch, importer, exporter, or similar entity or to establish a corresponding business entity in any country.

(16) Affiliate partners are not allowed to give gifts or any other benefits to NEXIUM employees.

(17) The use of premium-rate phone numbers for referral activities is not permitted.

(1) The affiliate partner is not prohibited from selling products or services for other companies, including network marketing companies, even if these are in competition with NEXIUM. However, despite this permission, the affiliate partner explicitly agrees to forward all inquiries from potential customers or affiliates regarding NEXIUM only to NEXIUM.

(2) Despite the allowance in paragraph (1), the affiliate partner is prohibited from soliciting, attempting to solicit, or encouraging other NEXIUM affiliates to distribute products or services from other companies, or from attempting to recruit NEXIUM affiliates to stop or reduce their activities for NEXIUM. Additionally, the affiliate is prohibited from distributing products or services from other companies, including promotional materials or similar content, to NEXIUM customers or affiliates. Furthermore, it is forbidden to use customer or prospect data submitted to NEXIUM for other companies, even if these are not competitors.

(3) The affiliate partner is also prohibited from breaching any obligations under other affiliate or sales agreements they have with other companies, where the terms of those contracts are still in effect, by signing an affiliate contract with NEXIUM.

(4) If the affiliate partner works for other companies simultaneously, they must ensure that their activities for those companies do not overlap or mix with their NEXIUM-related activities. Specifically, the affiliate is not allowed to offer non-NEXIUM products or services at the same time, in the same location, or in close proximity to their NEXIUM activities, including on the same website, Facebook page, social media platform, chat room, or internet platform, unless NEXIUM has granted written approval, for example, in the case of an official partnership between NEXIUM and that company. The affiliate is also prohibited from promoting or offering other companies, products, or services at a NEXIUM-related meeting, event, seminar, webinar, or conference, or immediately afterward or in connection with such an event, unless they have received written permission from NEXIUM.

(5) Finally, the affiliate is prohibited from directly or indirectly establishing a business relationship with NEXIUM’s product partners without NEXIUM's consent or attempting to do so.

(1) The affiliate partner is prohibited from utilizing, disclosing, or otherwise sharing any business or trade secrets, as well as any knowledge gained in the course of their work for NEXIUM, whether entrusted to them or acquired through their role with NEXIUM, for a period of 5 years after the termination of the contract. The affiliate partner specifically acknowledges that potential customer/prospect data and affiliate data, even if generated directly or indirectly by the affiliate, are NEXIUM's business and trade secrets and are the intellectual property of NEXIUM. These are provided solely for the affiliate's personal use within the framework of this contract.

(2) The affiliate partner agrees not to use or allow others to use, either directly or indirectly, any business or trade secrets, or any confidential information or data entrusted to them during their work for NEXIUM, for any purpose other than conducting NEXIUM's business as outlined in this contract. NEXIUM notes that violating this obligation may constitute a criminal offense in many jurisdictions, and NEXIUM reserves the right to pursue criminal prosecution for any violation. The affiliate partner will be held liable for any damages NEXIUM incurs from the unauthorized use or disclosure of data or lists or parts thereof.

(3) After the end of the contract, the affiliate partner is prohibited, for the same 5-year period, from using or allowing others to use any business or trade secrets, knowledge gained during their work for NEXIUM, or any entrusted or otherwise acquired customer and affiliate data, as well as any other confidential information, for advertising, recruitment, or any other personal purposes.

(4) The affiliate partner is required to comply with the relevant data protection regulations, particularly the General Data Protection Regulation (GDPR). The affiliate partner must obtain legally compliant consent from potential customers before transferring their personal data.

(5) Upon termination of the contract, the affiliate partner must return all documents, data carriers, lists, etc. provided for their referral activities to NEXIUM upon first request, without retaining any copies. A right to retain materials may only be claimed if there is a corresponding mandatory legal basis under national law.

(1) When an affiliate partner recruits a new affiliate to work with NEXIUM for the first time, that new affiliate is assigned to the recruiter's structure in accordance with the bonus plan and placement rules (affiliate protection). If two affiliate partners claim the same affiliate as "new," NEXIUM will only recognize the sponsor listed on the initial registration. The same rule applies to customers who are first acquired by an affiliate for NEXIUM after their registration (customer protection).

(2) NEXIUM reserves the right to delete the account and all personal data, including the email address of the affiliate partner, from the system if correspondence or emails are returned with notes like "moved," "deceased," "not accepted," "unknown," etc., and the affiliate fails to correct the erroneous data within 30 days.

(3) Crossline sponsoring, and any attempt thereof, is prohibited within the company. Crossline sponsoring involves recruiting a person or business entity that is already an affiliate in a different NEXIUM sales line or has had an affiliate contract within the last 6 months. It is also prohibited to use the names of spouses, relatives, trade names, corporations, partnerships, trusts, or other third parties to circumvent this rule.

(4) Bonus manipulation is prohibited. This includes the unauthorized registration of affiliates who do not actually conduct NEXIUM business ("straw men/women") as well as overt or covert multiple registrations. It is also prohibited to use the names of spouses, family members, individuals in the same household, trade names, corporations, partnerships, trusts, or other third parties to circumvent this rule.

(5) "Stacking" is also forbidden. Stacking occurs when an affiliate deliberately repositions a registered affiliate within their downline to quickly advance in rank within the compensation plan. Stacking includes (a) financially supporting new affiliates to maximize compensation under the NEXIUM bonus plan and (b) placing a new affiliate in a downline organization with the intention of manipulating the compensation plan to achieve unintended or unauthorized financial gain.

(6) The affiliate partner has no right to territorial protection.

(1) In the event of a first violation of the affiliate's obligations as stipulated in § 7, NEXIUM will issue a written warning, giving the affiliate partner a 10-day period to rectify the breach. The affiliate partner agrees to reimburse NEXIUM for the costs associated with the warning, including legal fees incurred for the issuance of the warning.

(2) It is expressly noted that, according to § 15 (2), NEXIUM is entitled to immediately terminate the contract without prior warning in the case of violations of the obligations set forth in §§ 8, 9, 10 (3) and (4), and 18 (3), as well as in cases of particularly severe violations of § 7 or any other applicable contractual or legal regulations. Regardless of NEXIUM’s right to immediate termination as stated in § 15 (2), NEXIUM may, at its sole discretion, issue a warning with a shorter rectification period before extraordinary termination in individual cases of the aforementioned violations.

(3) If the same or a similar violation occurs again after the rectification period has expired, or if the original violation is not rectified, a contract penalty, determined at NEXIUM's discretion and subject to review by the appropriate court, becomes immediately payable. Further legal fees related to enforcing the contract penalty will also be charged to the affiliate, a fact that is expressly noted here.

(4) Regardless of any contract penalty incurred, the affiliate partner is liable for all damages that NEXIUM suffers due to a breach of obligations as outlined in §§ 7 - 9 and § 10 (3) and (4), unless the affiliate is not responsible for the breach.

(5) If a third party makes a claim against NEXIUM due to a violation of the obligations under §§ 7 - 9 or § 10 (3) and (4), or for any other legal violation by the affiliate, the affiliate partner will indemnify NEXIUM from all liability upon first request. This includes the affiliate’s obligation to cover all costs that arise for NEXIUM in this context, especially legal fees, court costs, and damages.

All free promotional materials and other benefits provided by NEXIUM can be revoked at any time with future effect.

(1) Upon the registration of a customer or affiliate with NEXIUM, the affiliate partner will receive a bonus as commission, provided that the registration results in a bonus-eligible purchase by the customer or by an affiliate within the affiliate's sales structure (the sponsor’s downline), in accordance with the bonus plan attached as Annex 1. If a customer contract completed pursuant to this section or for any other reason becomes invalid and/or is rescinded, any previously paid affiliate bonuses must be refunded, in accordance with legal and contractual provisions. Bonus payments are exclusively made in the cryptocurrency USDT (Tether), with the exchange rate recorded by NEXIUM in the back office at the time of payment being decisive, which may differ from exchange rates available on internet platforms. Upon the affiliate partner’s request, payments can alternatively be made in Bitcoin (BTC), using the USDT/BTC exchange rate at the time of conversion.

(2) There is no entitlement to a bonus in cases of fraudulent lead generation, whether through fraudulent or abusive practices by the affiliate or the customer.

(3) NEXIUM reserves the right to require the affiliate partner to verify their identity and address before the first bonus payment and at any time thereafter. The identity and address verification can be provided, at NEXIUM's discretion, in the form of a copy of a valid ID card or passport, potentially accompanied by a current utility bill or other proof of residency (no older than three months), through a specified electronic means, and must be provided without delay, no later than two weeks after the request. For legal entities, partnerships, or registered merchants, identification of the responsible person (e.g., managing director or personally liable partner) is required, along with a copy of the current commercial register extract (no older than one month) if applicable.

(4) Affiliate bonuses (all bonus payments arising exclusively from the bonus plan) will be calculated monthly, or, for certain DEAL packages, in 12 installments every 30 days, or upon special qualification at the end of the month after the qualification is fulfilled.

(5) Both parties agree that there are no claims for any higher bonuses than those defined by the contract and derived from the bonus plan (Annex 1). Bonus payments fully settle all claims by the affiliate, including for travel expenses, office costs, phone bills, or promotional materials, as well as any other costs associated with fulfilling the contract. Upon payment of the bonuses outlined in section (1), all services rendered by the affiliate are considered fully compensated, including the development and maintenance of affiliate and customer bases, as well as any future market potential arising from these. This compensation is considered an advance payment for such services, and no severance or compensation claims will arise if the contract is terminated, regardless of the reason or which party initiates the termination. Reference is explicitly made to § 15 (5).

(6) NEXIUM is entitled to assert a right of retention as permitted by law. NEXIUM also has the right to withhold bonus payments if all contractually or legally required documents have not been submitted before the first payment. It is agreed that, in the case of bonus payment retention by NEXIUM, the affiliate is not entitled to claim interest or any other penalties for the period of retention.

(7) NEXIUM has the right to offset any claims NEXIUM has against the affiliate with the affiliate’s bonus claims, in compliance with legal requirements.

(8) The affiliate partner must promptly review any issued payment statements and notify NEXIUM of any objections immediately. All bonus claims arise from the applicable bonus plan, which the affiliate can access in their back office. Any incorrect bonus or other payments must be reported to NEXIUM in writing within 14 days of the incorrect payment. After this period, the bonus or other payment is considered approved.

(1) If the affiliate partner fails to provide the required documentation within 14 days after being requested by NEXIUM—such as in the context of account verification, the KYC process, or obtaining services—or if there are significant violations arising from this contractual agreement, NEXIUM reserves the right to temporarily suspend the affiliate until the requested documentation is provided. The period of suspension does not entitle the affiliate to terminate the agreement for cause and does not result in a refund of payments already made or a claim for damages unless the affiliate is not responsible for the suspension.

(2) Bonus claims that cannot be paid due to the aforementioned reasons will be recorded as provisions within NEXIUM and will expire no later than within the statutory limitation periods.

(3) For each case of a warning, NEXIUM is entitled to recover the costs incurred for issuing the warning.

(4) Independently of the suspension reasons stated in paragraph (1), NEXIUM reserves the right to suspend the affiliate for good cause. NEXIUM specifically reserves the right to suspend the affiliate’s access without notice if the affiliate violates the obligations specified in §§8, 9, 10 (3) and (4), and 18.

(3), or any other applicable laws, or if there is another important reason. Unless there is a reason for immediate termination and NEXIUM sends a warning to the affiliate according to §11 (1), the suspension will be lifted if the affiliate remedies the violation within the deadline set in NEXIUM’s warning.

(1) The affiliate agreement is entered into for an indefinite period and may be terminated by either party with one month's notice, effective at the end of the month.

(2) Notwithstanding the termination grounds in (1), NEXIUM reserves the right to terminate the agreement for good cause. Good cause is particularly present in the event of a violation of the obligations regulated in §7 if the affiliate fails to remedy the violation within the time limit set in §11 (1), or if the same or a similar violation occurs again at a later time after the violation has been remedied. In the case of a violation of the obligations outlined in §§8, 9, 10 (3) and (4), and 18 (3), or a particularly serious violation of §7 or any other applicable contractual or legal obligations, NEXIUM is entitled to terminate the agreement without prior warning. An extraordinary termination right also exists if the affiliate fails to comply with the requirements of §13 (3) and (4), and even after a suspension pursuant to §14 (1) and a final deadline for compliance, allows the deadline to expire without taking action. Moreover, an extraordinary termination right exists for either party if insolvency proceedings are initiated against the other party or rejected due to lack of assets, or if the other party is otherwise insolvent or has filed an affidavit of insolvency as part of enforcement proceedings. The right to extraordinary termination exists without prejudice to other claims.

(3) Terminations will only be accepted in written form, although regular termination can also be made by email, provided it includes the affiliate’s name, username, address, and ID number. Termination should be addressed to: affiliate-at-nexium.vip.

(4) After regular termination of their affiliate agreement, an affiliate may re-register with NEXIUM. This is subject to the condition that the regular termination and NEXIUM's confirmation of the termination for the affiliate's former position were at least three months prior, and that the terminating affiliate has not performed any activities for NEXIUM during this time.

(5) Upon termination of the agreement, the affiliate is no longer entitled to receive bonuses, except for those earned for contracts successfully facilitated before the termination. The right to such bonuses remains unaffected. Furthermore, upon termination of the agreement, the affiliate is not entitled to a claim for commercial agent compensation, as the affiliate is not a commercial agent under the Commercial Code. Therefore, there is no entitlement to severance pay or any other form of compensation, regardless of type.

(6) The agreement also ends with the death of the affiliate partner.

(1) NEXIUM explicitly does not accept liability for force majeure, such as epidemics or pandemics (e.g., the Covid-19 pandemic), international financial market disruptions (comparable to the global financial crisis of 2008 following the bankruptcy of Lehman Brothers), wars, and/or political entanglements, disruptions in transportation companies, strikes, or similar business or other disruptions.

(2) Otherwise, NEXIUM is only liable for damages other than those arising from injury to life, body, or health, if such damages are caused by intentional or grossly negligent conduct, or the culpable violation of an essential contractual obligation by NEXIUM or its employees. This also applies to damages arising from violations of obligations during contract negotiations or from unauthorized actions. Any further liability for damages is excluded.

(3) Except in cases of injury to life, body, or health, or in cases of intentional or gross negligence by NEXIUM or its employees, liability is limited to typically foreseeable damages at the time of contract conclusion, and otherwise, the amount of liability is limited to the average damages typical for the contract. This also applies to indirect damages, particularly lost profits.

(4) NEXIUM is not liable for damages of any kind resulting from data loss on its servers, except in cases of gross negligence or intentional misconduct. Stored content of the affiliate partners is considered third-party information for NEXIUM under the applicable telemedia or other laws.

(1) NEXIUM may transfer its contractual position, in whole or in part, to a successor company at any time, which will continue the business subject to this agreement in the same manner and assume all rights and obligations in full.

(2) The affiliate partner is entitled to pass on their distribution structure via inheritance, subject to the applicable legal requirements [the affiliate agreement otherwise ends with the affiliate’s death according to §15 paragraph (7)]. To effect the transfer of the distribution structure upon death, a new affiliate agreement must be entered into with the heir(s) following the legally effective inheritance event, and the affiliate's death must be proven by a certificate of inheritance or other legally permissible document. If an heir is already an affiliate with NEXIUM, they must choose whether to continue the inherited or the existing distribution structure, as only one position in the compensation plan is permitted per affiliate. If the affiliate waives one distribution structure/position, they will receive payment for any bonus claims accrued up until the time of the waiver, after which the claims will end.

(3) The affiliate partner is not entitled to sell or otherwise transfer their distribution structure or the resulting bonus claims. The affiliate is also not entitled to assign, pledge, or otherwise transfer individual bonus claims unless mandatory applicable law dictates otherwise, or written or email approval is granted by NEXIUM (requests should be directed to affiliate-at-nexium.vip), which is at NEXIUM's sole discretion.

(4) If a legal entity, association, cooperative, or partnership registered as an affiliate intends to add a new shareholder or have an existing shareholder leave, this is only permitted upon written request and at NEXIUM’s sole discretion, provided that the existing shareholders who originally applied for the distribution agreement remain shareholders.

(5) If an affiliate wishes to conduct their activities under a different name in the future, such as through a corporation, partnership, as a married couple, registered partnership, or for any other reason, this is only permitted upon written request and at NEXIUM’s sole discretion.

In the event that an affiliate registered as a legal entity or partnership dissolves the company internally, only one affiliate position will remain even after the separation, dissolution, or other termination of the aforementioned company. The separating members/partners must internally decide which member/partner will continue the contractual relationship and notify NEXIUM of this decision in writing or via email. In the event of an internal dispute regarding the consequences of the separation, divorce, dissolution, or other termination with respect to this contractual relationship, NEXIUM reserves the right to terminate the contract without notice if such a dispute leads to a neglect of the affiliate’s duties, a violation of these General Affiliate Terms and Conditions, or a breach of applicable law.

(1) The Bonus Plan (attached as Appendix 1) and the guidelines contained therein are expressly part of the affiliate contract. The affiliate must always adhere to these guidelines in their current version.

(2) By confirming the affiliate application online in their back office, the affiliate simultaneously confirms that they have reviewed the Bonus Plan and accept this document as part of the contract.

(1) The affiliate expressly and without compensation grants NEXIUM the right to capture or use photographic and/or audiovisual material featuring their image, voice recordings, statements, or quotes in their capacity as an affiliate. By submitting the affiliate application and acknowledging these General Affiliate Terms and Conditions, the affiliate expressly consents to the publication, use, reproduction, and modification of their text contributions, quotes, recordings, or footage. The affiliate has the right to revoke this consent. Revocation must be made explicitly and in writing.

(2) The affiliate is not permitted to create audio, video, or other recordings of events organized or sponsored by NEXIUM, or of conference calls, speeches, or meetings for personal, commercial, or business use. Furthermore, without prior written consent from NEXIUM, an affiliate may not record, produce, or compile audio or video presentations or recordings of NEXIUM events, speeches, conference calls, or meetings.

(1) The affiliate is prohibited from disclosing, storing, or using personal or customer-specific data of potential customers, customers, or affiliates that they become aware of beyond the contractual rights and/or requirements.

(2) NEXIUM collects and uses the data voluntarily provided by you only within the scope of legal regulations. The detailed provisions on data protection can be found in the privacy policy, which the affiliate has separately agreed to.

Claims arising from this contractual relationship expire 12 months after the claim becomes due, and the claimant becomes aware of the circumstances that justify their claim, or if their lack of knowledge of these circumstances is due to gross negligence. Mandatory legal provisions that provide for a longer limitation period remain unaffected.

(1) The law of NEXIUM's registered office shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which the affiliate has their usual residence remain unaffected.

(2) If the affiliate is a merchant or a public law corporation, or has no general jurisdiction within the country, or moves their residence abroad after the conclusion of the contract, or if their residence is unknown at the time of filing the lawsuit, the place of jurisdiction and fulfillment shall be NEXIUM's registered office.

(1) NEXIUM reserves the right to amend this contract, these General Affiliate Terms and Conditions (including any price changes), and/or the Bonus Plan (including bonuses), if necessary, for economic or legal reasons. NEXIUM will announce changes at least 30 days before they take effect by specifically outlining the future contractual changes via email or in the affiliate's back office. The affiliate has the right to object to the change or terminate the contract in writing without notice by the time the change takes effect. In the event of an objection, NEXIUM is entitled to terminate the contract. If the affiliate does not terminate the contract or object t(3) If any clause of these General Affiliate Terms and Conditions is ineffective or incomplete, the entire contract shall not be rendered ineffective. Instead, the ineffective clause shall be replaced by a valid clause that comes as close as possible to the economic intent of the invalid clause. The same shall apply to the closure of any regulatory gaps. o the changes by the time the change takes effect, the changes will take effect from the date specified in the change notice. NEXIUM is obligated to inform the affiliate of the significance of their silence in the change notice.

(2) Otherwise, any changes or additions to these General Affiliate Terms and Conditions must be made in writing. This also applies to the waiver of the requirement for written form.