MANDATE CONTRACT WITHOUT REPRESENTATION, WITH ONEROUS TITLE
This contract is concluded between:
- The company FORGET WHITE ȘI ASOCIAȚII S.A., headquartered in Otopeni, Tudor Vladimirescu Street no. 74B, Ilfov County, VAT number 47411843, registered under no. J23/83/2023, represented by MORARU RADU as administrator, hereinafter referred to as the "MANDATOR," and
- "MANDATARY," having the identification details entered when creating an account on the www.forgetwhite.com platform.
- The object of the contract is the obligation assumed by the MANDATARY to conclude various legal documents, mainly for the sale and purchase of products, in its own name, but on behalf of the MANDATOR, assuming towards third parties the obligations arising from these documents, through the www.forgetwhite.com platform.
- The products will be provided by the MANDATOR, the MANDATARY assuming virtually no risk. The MANDATARY may order products primarily for itself, its family and friends.
The contract is concluded for a period of 1 year, with the possibility of automatic extension, if no Party notifies the intention to terminate the contract, at least 5 working days before the proposed date of termination.
IV. COMMISSION AND PAYMENT
- The commission received by the MANDATARY for the performance of its duties shall be determined by the level of sales, in percentage steps, and is set out in Annex 1, which forms an integral part of this contract.
- The payment of the commission will be made by the MANDATOR at MANDATARY’s request, in the "Your Business" section of www.forgetwhite.com, within 30 days from the receipt of the request.
- The payout of the commission will be made into the MANDATARY's account, provided by the MANDATARY in the “Payout Details” section of the www.forgetwhite.com platform.
V. DUTIES AND LIABILITY OF THE MANDATARY
- The MANDATARY undertakes to sell/distribute in its own name the products made available by the MANDATOR.
- The MANDATARY will pay into the MANDATOR’s account the value of the products ordered through the www.forgetwhite.com platform.
- The MANDATARY will use the www.forgetwhite.com platform made available by the MANDATOR, having been previously trained in this respect by the MANDATOR. The MANDATARY shall not bear any costs related to the use and maintenance of the platform from its own assets.
- The MANDATARY does not require any special qualification, training, intellectual or physical abilities to perform their activities.
- The MANDATARY is free to decide on the number of transactions and the date of their conclusion, as well as the persons will be made with, without being conditioned in any way in this respect by the MANDATOR. The services rendered by the MANDATARY do not have continuity within the meaning of the law.
- The MANDATARY may in turn conclude such contracts with persons whom it considers "reliable" and and to whom it may in turn distribute part of the product stock requested and received from the MANDATOR. The contracts may be concluded in writing or verbally, but the MANDATARY shall remain liable to the MANDATOR for the value of the product stock received for distribution.
- Upon termination of contract, the Parties shall proceed to the regulation of product stocks, respectively the amounts transferred reciprocally, in the performance of the contract.
VI. DUTIES AND LIABILITY OF THE MANDATOR
- The MANDATOR shall make the products requested by the MANDATARY available through the www.forgetwhite.com platform.
- The MANDATOR shall analyse MANDATARY's sales and transfer the corresponding commission to it, upon its request, but not before receiving from it the amount due for the products sold. The sales analysis is done automatically within the www.forgetwhite.com platform and is available for consultation by the MANDATARY in the "Your Business" section of the Website.
- The MANDATOR shall ensure the functionality of the www.forgetwhite.com platform, being at the discretion of the MANDATARY when to access it and for how many transactions/contracts/products.
- The MANDATOR shall withhold and pay withholding tax, representing 10% of the MANDATARY’s commission.
VII. TERMINATION OF CONTRACT
- The contract may be terminated by either Party, by unilateral denunciation, made at least 5 working days before the end of the contractual term. The denunciation by the MANDATARY is not conditioned in any way.
- The contract also terminates in the specific causes of termination of the mandate contract (death of the MANDATARY, insolvency of the MANDATOR, etc.).
- Upon termination of the contract, the Parties shall proceed in good faith to the accounting (regularisation of the stock of products and of the sums collected/transferred reciprocally, as applicable).
VIII. FINAL CLAUSES
- Force Majeure exonerates from liability the Party invoking it under the law. The affected Party shall be required to notify the other Party immediately, but no later than two working days after the cessation of the Force Majeure event. Each Party shall take all necessary measures to mitigate the effects of the Force Majeure event.
- Any dispute arising out of the interpretation and performance of this contract shall be settled amicably by the Parties, and otherwise by the competent court in whose jurisdiction the MANDATOR’s domicile/headquarter is.
- By signing this contract, the Parties declare that they agree to the mutual processing of personal data for the purpose of fulfilling the obligations arising from this contract and guarantee that they will not use personal data for any other purpose and will not disclose personal data to third parties except to the extent necessary for the performance of this contract, in accordance with Annex 2, which forms an integral part of this contract.
- The contract is governed by the Civil Code, art. 2039 et seq.
- The Parties declare that they have full civil capacity to conclude and perform this contract.
- This contract was concluded today, the date of its signature, the date being stored by the forgetwhite.com platform.
MANDATOR, through the administrator,
to the MANDATE CONTRACT
The commissions that will be collected by the MANDATARY are as follows:
- The MANDATARY with the rank of Partner (according to the forgetwhite licence code) will collect a commission of 22% of the total order value for direct sales and a commission of 5% of the descending network sales (Deposit, Distributor, Vendor).
- The MANDATARY with the rank of Deposit (according to the forgetwhite licence code) will collect a commission of 22% of the total order value for direct sales and a commission of 5% of the descending network sales (Distributor, Vendor).
- The MANDATARY with the rank of Distributor (according to the forgetwhite licence code) will collect a commission of 22% of the total order value for direct sales and a commission of 5% of the descending network sales (Vendor).
- The MANDATARY with the rank of Vendor (according to the forgetwhite licence code) will collect a commission of 30% of the total order value for direct sales.
- The MANDATARIES who have already earned the promotional commission of 40% will maintain this commission level.
MANDATOR, through the administrator, Moraru Radu
Annex no. 2
to the MANDATE CONTRACT
Personal Data Protection Clause
Art. 1. The Parties agree that by reference to the provisions of EU Regulation 2016/679, both Parties will hold the status of personal data controller regarding the data obtained from the other Party under this contract, in accordance with the applicable legal provisions. The Parties must comply with the rules and obligations imposed by the legislation in force on personal data protection.
The Parties declare that they knowingly, freely, expressly and unequivocally accept mutual personal data processing of their representatives in order to conclude and for the purpose of performing the contract mentioned above, in accordance with the applicable legal provisions (Law no. 102/2005, EU Regulation 2016/679 etc.).
Art. 2. "Personal data" means any information for or concerning the identification of the natural person, such as: a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic etc. identity of that natural person.
Art. 3. The Parties shall take, on their own responsibility, all reasonable and necessary measures to ensure that all their employees, agents, partners, and subcontractors comply with the clauses of this contract whenever they process any personal data related to it.
Art. 4. The Parties agree that during the term of the contract and for a period of 1 year after the termination/rescission of this contract, they shall take all reasonable and necessary measures to prevent the disclosure of information received from each other or that they may obtain through other means during the performance of the contract. If the Parties do not comply with the obligations assumed regarding the confidentiality of information by disclosing it to third parties, the Party at fault may be liable to pay damages.
Art. 5. The Parties undertake, at their own responsibility, to take all reasonable precautions to ensure the security and prevention of any destruction, loss, alteration, disclosure, acquisition, illegal or unauthorised access to the "Personal Data" held about the other Party. However, if the personal data provided has been accessed or obtained by an unauthorised person or any breach of personal data security occurs, each Party shall immediately notify the other Party of such incident (no later than 72 hours) and shall cooperate with a view to taking any measures it deems necessary to mitigate any loss or damage caused by such unauthorised access and to notify the National Supervisory Authority for Personal Data Processing.
Art.6. The Parties hereby acknowledge and accept the rights of natural persons whose data are processed for the purpose of performing the concluded contract, namely:
-the right to access these data;
- the right to interfere with them;
- the right to rectify them;
- the right to object to the processing of data;
- the right not to be subject to automated decision-making, including profiling;
- the right to data portability;
- the right to notification of rectification to the recipients;
-the right to erasure or restriction of personal data;
- the right to address to the Supervisory Authority or the courts regarding the processing of such data;
- the right to object to the processing of personal data;
-the right to receive information on the personal data processed by the Controller;
-the right to withdraw consent to the processing of personal data.
The Parties also acknowledge that in order to exercise these rights, they may submit a written request, dated and signed, to the attention of the Personal Data Protection Officer of the other Party.
Art.7. Within 2 years from the termination of the Contract or the termination of the services (whichever occurs first), each Party shall destroy or return all personal data of the other Party, unless the legislation in force or other internal procedures and/or regulations require the Party concerned to comply with longer limitation periods, related to the retention of personal data.
MANDATOR, through the administrator,