APPOINTMENT AND RELATIONSHIP. 2.1 By registering a Bizappay Account via Bizapp or via the Website, USER / MERCHANT hereby appoint BECSB as an AUTHORISED COLLECTION AGENT for the provision of Bizappay Services in accordance with the terms of this Agreement and BECSB hereby agrees to accept the appointment for the provision of Bizappay Services to USER / MERCHANT. As an AUTHORISED COLLECTION AGENT, Bizappay are not required to register with Bank Negara Malaysia (BNM). All the systems are provided by Bizappay (with its collaboration with ANSI and its Partners, such as PayNet). These are the companies that already been registered with BNM.
2.2 In providing Bizappay Services, the Parties agree that BECSB acts only as the Software for USER / MERCHANT to present bills and collect payments via Internet. BECSB does not have any control over the goods and/or services that are transacted by the USER / MERCHANT. Accordingly, BECSB does not have any onus or liability whatsoever to ensure that the Customers that transact with the USER / MERCHANT will in fact complete their transactions.
2.3 You acknowledge BECSB is not Financial Institutions and have no control over the Financial Institutions uptime and availability.
2.4 Bizappay’s online debit card payment services are using FPX provided by ANSI (a registered merchant) which are governed by Payments Network Malaysia Sdn. Bhd. (PayNet) whereby PayNet is the holding company for the PayNet Group and duly registered with BNM.
2.5 Bizappay’s online credit card services are to be provided by a third parties, companies that are duly registered with BNM.
2.6 BECSB shall from time to time, reserve all its rights to adjust and amend the contents and interfaces of Bizappay Services and the Website, provided such adjustment and amendment shall not adversely affect Bizappay Services. We will provide USER / MERCHANT with 30 Days' prior notice of any Substantial Change via email. For the avoidance of doubt, posting of the Substantial Change on the Website shall constitute an effective delivery of the Substantial Change to the USER / MERCHANT.
2.7 If such adjustment or amendment leads to necessary changes in USER / MERCHANT software or website, interfaces or operating procedures of the USER / MERCHANT, BECSB will highlight this in the Substantial Change. You shall bear the costs at USER / MERCHANT end in relation to such adjustment and amendment, and in ensuring business as usual.
APPOINTMENT AND RELATIONSHIP. (a) You appoint us on an exclusive basis to provide the Services in accordance with this agreement during the Term and we accept that appointment.
(b) Where relevant, in accordance with clause 2, you require us to provide you with the Equipment and/or the Products.
(c) We are an independent contractor. Nothing in this agreement constitutes a relationship of employer and employee, principal and agent, partnership or joint venture as between you and us.
APPOINTMENT AND RELATIONSHIP. The Loan Party Representative is appointed by each Loan Party as its contractual representative under each Loan Document and each Loan Party irrevocably authorizes the Loan Party Representative to act as the contractual representative with the rights and duties set forth in the Loan Documents. The Loan Party Representative agrees to act as such contractual representative. Additionally, each Loan Party appoints the Loan Party Representative as its agent to receive all Loan proceeds in its operating account and to promptly disburse the Loans to the appropriate Borrower. Lender and its officers, directors, agents, or employees are not liable to the Loan Party Representative or any Loan Party for any action taken or omitted to be taken by the Loan Party Representative or the Loan Parties under this Article.
APPOINTMENT AND RELATIONSHIP. (a) The Supplier hereby grants the Distributor the exclusive right to sell, market, and distribute Products for use in aviation, military and defence and provide Product Support in the Territory during the Term of this Agreement, subject to the terms and conditions set forth herein.
(b) Subject to an earlier termination of the exclusivity granted hereunder as provided for in Section 10(d), during the Initial Term, the Supplier shall appoint no other distributors or representatives to sell, market or distribute Products for use in aviation, military or defence in the Territory; or to sell, market or distribute any new wearable product that serves as a substitute, replacement or is directly competitive to the Product; or provide Product Support in connection therewith. Following the Initial Term, subject to any further agreement in writing between the Parties to extend the Distributor’s exclusive rights hereunder, the Distributor’s right to market and sell Products shall be on a non-exclusive basis.
(c) During the Initial Term, any sales leads developed by the Supplier with respect to use of Products in aviation, military or defense shall be presented to the Distributor. The Distributor shall as soon as possible and in any event within ten (10)-Business Days, notify the Supplier whether it will pursue the lead. In the event that the Distributor indicates that it will pursue the lead, it shall be entitled to do so, on an exclusive basis as provided herein and shall be entitled to compensation for any resulting sales in accordance with the compensation provisions contained in this Agreement. In the event that the Distributor indicates that it will not pursue the lead or, after indicating that it will do so, in the opinion of the Supplier, acting reasonably, fails to pursue the lead in a commercially reasonable manner, the Distributor shall have no further rights with respect to the sales lead and the Supplier shall be free to pursue the lead, directly or indirectly, in any manner whatsoever, including by entering into agreements with other parties. Upon completion and delivery of such project and/or sales volume related to such lead Satair shall have the right of first refusal presented again for future leads. At any time during the Term, at the request of the Distributor, the Supplier shall enter into good faith negotiations with the Distributor to expand the scope of the Distributor’s rights under this Agreement.
(d) Distributor will in good faith enter into...
APPOINTMENT AND RELATIONSHIP. (a) Subject to the terms stated herein, ZiLOG appoints Distributor, and Distributor hereby accepts such appointment, as ZiLOG's authorized full-service distributor for the Products in the Territory. To the extent the products contain any software which is being licensed under the terms contained in the document accompanying such software, ZiLOG hereby grants to Distributor a license to sublicense such software, upon the terms and conditions set forth in the documentation accompanying such software, to it customers.
(b) During the initial eighteen (18) month period following the Effective Date, Distributor shall be the exclusive full-service distributor of Products within North America. Following the completion of the initial eighteen (18) month period, Distributor shall continue to be the exclusive distributor of Products within North America unless such exclusivity is terminated by ZiLOG at any time thereafter by giving Distributor at least thirty (30) days notice of the termination of the exclusivity prior to the effective date of such termination. Any such termination of exclusivity shall be in ZiLOG's sole and absolute discretion, with or without cause, and ZiLOG shall have no liability whatsoever on account of ZiLOG's termination of the exclusivity pursuant hereto.
(c) Notwithstanding the provisions of subparagraph (b), above, ZiLOG shall have the right to terminate Distributor's exclusivity if Distributor defaults under any provision of this Agreement and such default is not cured within any applicable cure periods specified herein. Termination of Distributor's exclusivity following a default is in addition to any other rights and remedies ZiLOG may have either hereunder (including, without limitation, termination of this Agreement) or at law or in equity. Upon termination of Distributor's exclusivity without termination of this Agreement, all rights and obligations of Distributor and of ZiLOG hereunder shall continue with the exception that Distributor will, from that point forward, be a non-exclusive distributor of the Products in the Territory.
(d) Notwithstanding the provisions of paragraph (b), above, the following shall constitute exceptions to the exclusivity granted to Distributor pursuant to subparagraph (b), above:
(i) ZiLOG reserves the right, on behalf of itself and any of its subsidiaries and affiliates, to sell Products directly to customers within the Territory. In addition, ZiLOG and its subsidiaries and affiliates may establish house...
APPOINTMENT AND RELATIONSHIP. 2.1 By registering a Bizapp account via Bizapp mobile apps or via the Website, USER agree to become subscriber to services offered by Bizapp.
2.2 List of services are based on the type of package subscription, either the free package or the paid packages.
2.3 XXXX shall from time to time, reserve all its rights to adjust and amend the features/modules of Bizapp and the Website, provided such adjustment and amendment shall not adversely affect Bizapp.
2.4 If such adjustment or amendment leads to necessary changes in the mobile apps (Android and IOS) or Website, XXXX will highlight them as Substantial Change, and XXXX will announce them to all subscribers via email and/or social media.
APPOINTMENT AND RELATIONSHIP. Subject to the terms and conditions of this Agreement, Diffon hereby appoints Franklin as the exclusive buyer for the Products produced by Diffon, subject to Franklin selling the Products in the Territory according to the terms and conditions in subsection 2.2 below.
APPOINTMENT AND RELATIONSHIP. A. Grupo hereby authorizes Representative to act on its behalf and represent Grupo only to the extent authorized herein.
B. Representative is an independent contractor with respect to Grupo and MCS and nothing contained herein shall create or be construed to create the relationship of employer/employee between Grupo or MCS and Representative or between Grupo or MCS and any employee of Representative, including without limitation any obligation by MCS to pay any commission or any form of compensation to any employee of Representative.
C. Nothing herein contained shall be deemed to create an agency, joint venture, partnership or franchise relationship between Representative and Grupo. Representative acknowledges that Representative is NOT an employee of Grupo or MCS and is NOT entitled to Grupo’s or MCS’s employee rights and benefits. Representative further agrees to waive any and all rights and entitlements under the EEOC and ADA, to the extent they exist. Representative shall be free to exercise independent judgment as to the time and manner in which Representative performs the services authorized by this Agreement.
APPOINTMENT AND RELATIONSHIP. A. NSGA hereby authorizes Producer to act on its behalf and represent NSGA only to the extent authorized herein.
B. Producer is an independent contractor with respect to the NSGA and nothing contained herein shall create or be construed to create the relationship of employer/ employee between NSGA and Producer or between NSGA and any employee of Producer.
C. Nothing herein contained shall be deemed to create an agency, joint venture, partnership or franchise relationship between Producer and NSGA. Producer acknowledges that Producer is NOT an employee of NSGA and is NOT entitled to NSGA’s employee rights and benefits. Producer further agrees to waive any and all rights and entitlements under the EEOC and ADA, to the extent they exist. Producer shall be free to exercise independent judgment as to the time and manner in which Producer performs the services authorized by this Agreement.
APPOINTMENT AND RELATIONSHIP. A. NSGA, on behalf of itself and HMP, hereby authorizes the Producer to act on its behalf and represent NSGA only to the extent authorized herein.
B. The Producer is an independent contractor with respect to the HMP Parties and nothing contained herein shall create or be construed to create the relationship of employer/ employee between the HMP Parties and the Producer or between the HMP Parties and any employee of the Producer.
C. Nothing herein contained shall be deemed to create an agency, joint venture, partnership or franchise relationship between the Producer and the HMP Parties. The Producer acknowledges that the Producer is NOT an employee of the HMP Parties and is NOT entitled to the HMP Parties’ employee rights and benefits. Producer further agrees to waive any and all rights and entitlements under the EEOC and ADA, to the extent they exist at all. Producer shall be free to exercise independent judgment as to the time and manner in which Producer performs the services authorized by this Agreement.
