Agreement

between

 

Meyer Burger (Industries) GmbH, Carl-Schiffner-Strasse 17, 09599 Freiberg, Germany

- henceforth "MB" -

 

and

 

________________________________________________

-henceforth "PARTNER" -

 

Preamble

MB maintains under www.meyerburger.com which provides information on the subject of PV systems and their installation on real estate. The website is primarily for information purposes; it is accessible to the general public and is not restricted to specialist circles.

In order to make it easier for those interested in MB photovoltaic products to find a suitable installer of PV systems, the website includes the function "Installateur-Finder" . This is an online directory which, after a corresponding query of the property location of the interested party, names the registered locally based qualified installers as potential contacts of the interested parties (henceforth: the "tool").

PARTNER operates a qualified specialized company focused on the installation of PV systems and would like to be included in the tool with an entry.

Having said this, the parties now agree as follows:

 

§ 1

SUBJECT MATTER OF THE CONTRACT

(1)        MB grants PARTNER a free entry in the tool on the website www.meyerburger. com.

(2)        The entry shall contain the information requested by MB or provided by PARTNER on PARTNER's specialist company and, if desired, a logo of the same. PARTNER shall provide MB or a third party designated by MB with all the information to be reproduced in a form and, if necessary, in a separate email with an image file for the logo. PARTNER confirms that MB may use this logo for publication on the website and that PARTNER owns the rights to the logo.

(3)        SUPPLIER acknowledges that MB is not obligated to maintain the website www.meyerburger. com and the Tool and that MB is free at any time, at its sole discretion, to modify or discontinue the functionality of the Website and/or the Tool. The design of the Internet Site as well as the Tool shall also be at the sole discretion of MB; SUPPLIER shall have no claim to a specific order of entries in the Tool, nor to a specific display of its entry in the Tool.

(4)        PARTNER acknowledges that with the operation of the tool or the entry of PARTNER in it, MB does not assume any assurance or obligation to accept responsibility for marketing effects, for example concerning the increase of market awareness, the clientele, the orders, the turnover, etc. in favor of PARTNER; this agreement is not concluded by the parties for the purpose of influencing procurement decisions or from the point of view of turnover.

 

§ 2

OBLIGATIONS OF THE PARTIES

(1)        SUPPLIER warrants that all information provided by it for publication in the Tool is accurate. PARTNER shall inform MB immediately in text form of any changes, so that MB can correct the entry if necessary.

(2)        PARTNER shall also ensure compliance with all statutory and other binding requirements (Chamber of Crafts or similar). If claims are asserted against MB by third parties due to incorrect or inadmissible information provided by SUPPLIER, SUPPLIER shall fully indemnify MB in this respect upon first request.

(3)        MB warrants to establish and maintain the Website including the Tool in accordance with the relevant provisions. This applies in particular to data protection requirements.

(4)        Claims for damages by SUPPLIER - irrespective of the legal grounds - shall be excluded if MB, its representatives or vicarious agents are not guilty of gross negligence or intent. MB shall not be liable for indirect damages, in particular for consequential damages and damages unforeseeable at the time of the conclusion of the contract, unless MB, its representatives or vicarious agents can be accused of intentional acts and/or omissions in this respect. The above limitations shall not apply to damages resulting from injury to life, body or health or in cases where liability is mandatory by law, e.g. in the case of liability for the assumption of a guarantee, liability under the Product Liability Act or in cases of culpable breach of essential contractual obligations (cardinal obligations).  Cardinal obligations are the essential obligations which form the basis of this contract, which were decisive for the conclusion of this contract and on the fulfillment of which SUPPLIER may rely.

(5)        MB's liability shall be limited to EUR 1000.00 (in words: EURO one thousand) in any case of obligation to indemnify.

 

§ 3

TERM OF THE CONTRACT

(1)        This Agreement shall enter into force upon signature and shall be concluded for an indefinite period.

(2)        The parties are entitled to terminate the contract at any time with four weeks' notice. The right to terminate without notice for good cause shall remain unaffected.

(3)        Any termination must be in text form to be effective.

 

§ 4

DATA PROCESSING

(1)        Within the scope of this Agreement, MB shall process personal data of SUPPLIER in compliance with the statutory provisions, in particular the General Data Protection Regulation (DSGVO). A use of personal data on the basis of a legal permission occurs in particular in connection with the fulfillment of contractual obligations.

(2)        PARTNER acknowledges that its data provided in the form may be validated for authenticity and up-to-dateness reasons before or also after an activation or listing in the Installer Finder and MB may contact PARTNER for this purpose. The contact may include, among other things, project inquiries or capacity inquiries for the realization of specific customer inquiries based on the analysis of geographical parameters.

(3) The provision of the personal data is necessary for the execution of this contract. The possible consequence of not providing the data is that the contract cannot be executed.

(4)        With regard to further regulations concerning data protection and the rights of data subjects, please refer to the separate data protection declaration, which can be saved and/or printed out.

 

§ 5

FINAL PROVISIONS

(1)        Agreements outside of this contract have not been made. Amendments and/or supplements must be made in writing; this shall also apply to any amendment and/or waiver of this written form requirement itself.

(2)        This Agreement may not be transferred in whole or in part to third parties without the consent of the other party. However, this shall not apply to a transfer by MB to an affiliated company within the meaning of sections 15 et seq. AktG.

(3)The    applicable law for all claims arising from or in connection with this contract shall be the law of the Federal Republic of Germany, excluding private international law. The exclusive place of jurisdiction for any disputes arising under this contract shall be Dresden.

(4)        Should any provision of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties undertake to replace the invalid provision with a valid provision that comes as close as possible to the provision to be replaced in terms of its economic effects and the purpose of the contract. The same shall apply to the filling of gaps in the contract.

 

 

Freiberg, the _________________

 

 

______________________________

Meyer Burger (Industries) GmbH

 

 

______________________________

PARTNER