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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals reseller, 3rd party, third party, oem, independent WEB HOSTING AND EMAIL RESELLER AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between CustCompany hereafter referred VAR Reseller and Company hereafter referred Company Provider The purpose this Agreement hereafter referred the Agreement precede longer term contract arrangement under which CustCompany will provide Reseller services behalf Company Terms and Conditions service the standard VAR Agreement with Company provided below Right Resell Subject the terms and conditions this Agreement Company grants the VAR non exclusive right resell its products and services the VAR customers with the following Agreements Provider service will provided available basis Further provider provides warranty written expressed implied for any web hosting email services provided including without limitation warranty the merchantability and warranty fitness for particular purpose This warranty expressly includes any reimbursement for losses income due disruption service provider its providers beyond the fees paid provider for services VAR and VAR Customers VAR End Users will use the Web Hosting and Email services manner consistent and compliant with any and all applicable laws the State State and the Federal Government Use any information obtained way provider VAR own risk and Provider specifically denies any responsibility for the accuracy quality information obtained though its services Provider makes warranty written expressed implied any guaranteed uptime that the service will function reliable level based past performance Provider not responsible for any damages arising from VAR use Provider VAR Customer inability use the Web Hosting and Email services for any reason Provider shall make every reasonable effort protect data stored Customer Server Provider not responsible for VAR VAR Customer data files directories residing Provider equipment Customer solely responsible for maintaining data file and back ups Representation The VAR shall maintain sales office for product promotion and responsible for all costs incurred for the promotion and sale Company products and services The VAR shall conduct business its own name and shall not represent itself employee agent Company Prospects may registered with Company and will protected for days This protection may renewed Company discretion for further days End User Pricing End User pricing and VAR Compensation outlined Exhibit attached and subject change the sole discretion Company VAR may set their end user pricing they determine Company not responsible for misrepresentations inaccuracies errors other pricing discrepancies made between the VAR and any prospective customers that the VAR may deal with Compensation Terms payment are unless credit approval has been granted Company credit approval has been granted credit terms are net upon receipt invoice reserve the right revoke any credit extended payment arrears for more than days VAR solely responsible for all hosting and billing payments Company Non Disclosure Proprietary Information exchanged here forth shall treated such the VAR and held the strictest confidence This information shall include but not limited the provisions outlined this Agreement product and services information pricing source code company practices methodology and procedures The VAR further agrees not distribute decompose disassemble decode reverse engineer any Company program delivered the VAR any portion thereof without prior written approval Company Transfer Rights The VAR may not assignor transfer this Agreement whole part without the prior written consent Company the event that the VAR contemplates whole partial sale business ownership change change jurisdiction the VAR shall notify Company mail facsimile email less than days prior the effective date the event Term Agreement The term this Agreement twelve months from the date execution Company This Agreement shall continuously renewed every twelve months unless the VAR notifies Company writing thirty days prior the expiration date Termination Company may terminate this Agreement its sole discretion upon the occurrence one more the following events failure comply with any provisions the Agreement upon receipt written notice from Company said failure appointment Receiver upon the filing any application the VAR seeking relief from creditors upon mutual agreement writing Company and VAR Disputes legal proceedings are commenced resolve dispute arising out relating this Agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals Indemnification The VAR shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from connection with VAR marketing support services the product services the unauthorized representation the product and services any breach this Agreement the VAR Limited Warranty Company warrants that the product will substantially perform the functions generally conform the specifications published Company for the product determined that the product does not operate according such documentation Company only responsibility will use reasonable efforts consistent with industry standards cure the defect Force Majeure Neither party shall held responsible for delay failure performance here under caused acts nature strikes embargoes fires war other causes beyond their reasonable control Binding Effect any provision this Agreement held unenforceable the enforceability the remaining provisions shall way affected impaired thereby This Agreement and any disputes arising here under shall governed the laws State without regard conflicts laws principles failure any party exercise delay exercising right power conferred upon this Agreement shall not operate waiver any such right power Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Reseller Initials Company Initials
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