This contract is concluded between:
1. MORARU G RADU INTREPRINDERE INDIVIDUALA, hereinafter referred to as “Principal”, based in Otopeni, str. Tudor Vladimirescu no. 74B, Ilfov county, with CUI 43845971, and
2. “Agent”, with the identification data entered when creating the account on the www.forgetwhite.com platform.
The object of the contract is the sale by the Agent on its own behalf and on behalf of the Principal of the products made available by the Principal, in exchange for the commission to be paid to the Agent.
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
1. The commission received by the Agent for the performance of his 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.
2. The payment of the commission will be made by the Principal at Agent’s request, in the “Your business” section of www.forgetwhite.com, within 30 days from the receipt of the request.
3. The payment of the commission will be made into the account of the Agent, provided by the Agent in the “Bank details” section of the platform www.forgetwhite.com.
V. DUTIES AND RESPONSIBILITIES OF THE AGENT
1. The Agent undertakes to sell / distribute on his own behalf the products provided by the Principal.
2. The Agent will pay into the account of the Principal the value of the products ordered through the platform www.forgetwhite.com
3. The Agent is responsible for declaring the income received and the payment of the related income tax.
4. Upon termination of the contract, the Parties shall proceed to the regulation of product stocks, respectively the amounts transferred to each other, in the performance of the contract.
5. The Agent may in turn conclude such contracts with persons whom he considers to be “trustworthy” and to whom he may in turn distribute part of the product stock requested and received from the Principal. Contracts may be concluded in writing or orally, but the Agent shall remain liable to the Principal for the value of the product stock received for distribution.
VI. DUTIES AND RESPONSIBILITIES OF THE PRINCIPAL
1. The Principal shall make available to the Agent the products requested by it through the platform www.forgetwhite.com
2. The Principal shall analyse Agent’s sales and transfer the corresponding commission to it, at Agent’s request, but not before receiving from it the value of the products sold. The sales analysis is done automatically within the www.forgetwhite.com platform and is available for consultation by the Agent in the “Your business” section of the Website.
VII. TERMINATION OF CONTRACT
1. The contract is terminated by unilateral termination, made at least 5 working days before the end of the contractual period, by either Party.
2. The contract also terminates in cases specific to the termination of the mandate contract (death of the Agent, insolvency of the Principal, etc.).
3. Upon termination of the contract, the Parties will proceed in good faith to providing the necessary calculations (accounting regulation of the product stock and of the amounts received / transferred to each other).
VIII. FINAL CLAUSES
1. Force Majeure exonerates the Party invoking it under the law. The affected Party shall notify the other Party immediately, but not 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.
2. 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 Principal’s domicile/office is.
3. By signing this contract, the Parties declare that they agree to the reciprocal processing of personal data for the purpose of fulfilling the obligations arising from this contract and guarantee that they will not use 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.
4. The contract is governed by the Civil Code, art. 2043 et seq.
5. The Parties declare that they have full civil capacity to conclude and perform this contract.
6. This contract has concluded today, the date of entering the personal data and credentials necessary and mandatory when opening the account on the platform www.forgetwhite.com
Moraru Radu Întreprindere Individuală
ANNEX no. 1
to the Commission Agreement
The commissions that will be received by the Agent are the following:
1. The Agent with the rank of Partner(according to the forgetwhite licence code), will receive a commission of 22% of the total value of the order for direct sales and a commission of 5% of the sales of the descending network (Deposit, Distributor, Vendor)
2. The Agent with the rank of Deposit(according to the forgetwhite licence code), will receive a commission of 22% of the total value of the order for direct sale and a commission of 5% of the sales of the descending network (Distributor, Vendor)
3. The Agent with the rank of Distributor(according to the forgetwhite licence code), will receive a commission of 22% of the total value of the order for direct sale and a commission of 5% of the sales of the descending network (Vendor)
4. The Agent with the rank of Vendor(according to the forgetwhite licence code), will receive a commission of 30% of the total value of the order for direct sale.
Moraru Radu Întreprindere Individuală
ANNEX no. 2 to the Commission Agreement
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 terms of this contract whenever they process any personal data relating 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 they receive, from each other or which they can obtain in other ways 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 to take, on their own responsibility, 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 there is any breach of personal data security, each Party shall immediately notify the other Party of such incident (not 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 this 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 a decision solely based on automated processing, including profiling;
– the right to data portability;
– the right to notify the addressees of the rectification;
– 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 oppose the processing of personal data;
– the right to receive information regarding 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 person of the other Party, responsible for the protection of personal data.
Art.7. Within a maximum period of 2 years from the termination of the contract or from the termination of the services (whichever occurs first), each Party will destroy or return all personal data of the other Party, unless the legislation in force or other procedures and / or internal rules require the Party concerned to comply with longer limitation periods, related to the retention of personal data.
Moraru Radu Întreprindere Individuală