TERMS AND CONDITIONS OF PARTICIPATION FOR THE REFERRAL PROGRAM “LINUS PARTNER FUNDS”

The following Terms and Conditions of Participation apply to the referral program "LINUS Partner Funds" (hereinafter "Referral Program") of Linus Digital Finance AG, Karl-Liebknecht-Str. 5, 10178 Berlin, registered with the Commercial Register of the Local Court of Charlottenburg (Berlin) under HRB 225909 B (hereinafter "LINUS") and all contractual relationships resulting therefrom between LINUS or a LINUS affiliated company and participants in the Referral Program (hereinafter "Participants"). Participants are subscribers who have already concluded an investment in a Partner Fund with LINUS or a company affiliated with LINUS ("Advertiser") and persons who are interested in investing in a Partner Fund through LINUS ("Recruited").

‍

Preface
  1. LINUS and its affiliates offer investors from EUR 25,000.00 access to professionally curated real estate investments via a digital investment platform operated by LINUS ("Platform") and can participate in these by either (i) subscribing for an investment certificate via Linus Relationship Management GmbH for access to a Partner Fund ("Subscription Agreement") or (ii) concluding a trust agreement with Linus Treuhand GmbH & Co. KG with respect to a partial limited partnership interest in a special AIF within the meaning of the German Investment Code for access to a Partner Fund ("Trust Agreement", together with the Subscription Agreement: "LINUS Partner Fund Investment Agreement").
  2. LINUS grants all investors who have already signed a LINUS Partner Fund investment contract the opportunity to participate in the referral program. For the successful referral of potential interested parties, participants of this program shall be waived the management fees (Management Fees) of LINUS or a LINUS affiliated company ("LINUS Management Fee") for a certain period of time, subject to the terms and conditions further specified in this Agreement.

I. PARTICIPANTS OF THE RECOMMENDATION PROGRAM

  1. Recruited Parties are or can only be interested parties who
    ‍
    a) have never made an investment through the LINUS platform, and
    ‍
    b) are personally known to the Advertiser
    ‍
  2. Advertiser is or may only be a person who

    a) is a registered platform user,

    b) has signed a LINUS Partner Fonds investment contract during the term of the referral program and

    c) is personally known to the Recruited Party.
    ‍

II. RIGHTS AND OBLIGATIONS OF THE RECRUITER

  1. The Advertiser is only entitled to make recommendations, i.e. to advertise a LINUS Partner Fonds investment to third parties, but not obliged to do so.
    ‍
  2. The Advertiser is not entitled,

    a) to act as a representative for LINUS, i.e. the Advertiser may neither act on behalf of LINUS nor make or receive declarations with legally binding effect for and against LINUS.

    b) to specifically promote the willingness of the Recruited Party to sign a LINUS Partner Fonds Investment Contract or to otherwise provide consulting or brokerage services to the Recruited Party with regard to the conclusion of a LINUS Partner Fonds Investment Contract.

    c) to commission third parties with the provision of recommendations in part or in full.

III. CONTACTING

Contact between LINUS and the Recruited Party is established through the registration of the Recruited Party on the Platform. During the registration process, the Recruited Party will be asked to provide the referral code provided to him/her by the Advertiser and to confirm that he/she has accessed and registered on the Platform upon the recommendation of the Advertiser.

IV. WAIVING OF LINUS MANAGEMENT FEES

  1. In the event of a successful recommendation, the LINUS management fee payable under the LINUS Partner Fund Investment Contract shall be waived for the Advertiser and the Recruited Party for a period determined below. For clarification: The management fee charged by the partner fund itself will not be waived.
  2. A recommendation is considered successful if the Recruited Party has signed the Investment Contract within the term of this referral program (see Section 5) and has not revoked his declaration by the end of the term.
  3. The duration of the waiver of the LINUS-management fees for the Advertiser is limited to the remaining term of the investment product in which the Advertiser is invested. If the duration of the waiver that the Advertiser would receive from the investment of the Recruited Party is longer than its remaining term, it shall be forfeited without compensation.
  4. The duration of the waiver of the LINUS management fee depends on the commitment amount of the investment certificate signed by the Recruited Party and results from the following tables.
    ‍
Applicable table for Advertisers with a subscription amount
of less than EUR/USD 500,000
Subscription amount
of the recruited person in EUR / USD		 Waiver duration
(Advertiser)		 Waiver duration
(Recruited)
≥ 50k and < 100k 6 Months 6 Months
≥ 100k and < 200k 12 Months 12 Months
≥ 200k and < 250k 15 Months
≥ 250k and < 500k 24 Months
≥ 500k and < 1000k 20 Months
≥1000k 36 Months

‍

Applicable table for Advertisers with a subscription amount
of or exceeding EUR/USD 500,000
Ticket size
in EUR / USD		 Waiver duration
(Advertiser)		 Waiver duration
(Recruited)
≥ 50k and < 100k 3 Months 6 Months
≥ 100k and < 200k 6 Months 12 Months
≥ 200k and < 250k 9 Months
≥ 250k and < 500k 12 Months
≥ 500k and < 1000k 18 Months
≥1000k 24 Months

V. TERM

This Agreement is for a limited term. Its term shall begin on August 10, 2022 and end on November 10, 2022, without the need for termination by the parties.

VI. LIABILITY AND INDEMNIFICATION

  1. The liability of LINUS, including its vicarious agents, is limited to intent and gross negligence. This does not apply in case of damages resulting from injury to life, body or health as well as in case of violation of cardinal obligations, i.e. such obligations, the fulfillment of which enables the proper execution of the agreement in the first place and on the compliance with which the participant may regularly rely. However, in case of a slightly negligent breach of a cardinal obligation, the liability of LINUS and its vicarious agents shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract.
  2. The Participants shall indemnify LINUS against all claims of third parties upon first request arising from a breach of duty of this Agreement, in particular of its clause 2.3, or from a breach of statutory duties of the Participants, their employees, freelancers, representatives or other vicarious agents under this Agreement.

VII. MISCELLANEOUS

  1. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law provisions of German private international law.
  2. The place of jurisdiction for all disputes arising from this agreement (including its effectiveness) shall be Berlin.