Appointment as Reseller Sample Clauses

Appointment as Reseller. This is a non-exclusive agreement. Buyer may resell Product(s) and sublicense Software to Distributors for further resale and sublicense pursuant to a written document containing terms and conditions equivalent to those set forth in the applicable Supply Agreement, including these Supply Terms. Buyer shall undertake all reasonable commercial efforts to enforce such terms and conditions, including termination of further sales to any Distributor which breaches such terms and conditions, and in the event such breach continues, Buyer shall, at QUALCOMM's request, assign to QUALCOMM the right to enforce any such terms and conditions.

Appointment as Reseller. The Company hereby appoints VGCS as its non-exclusive authorised reseller in the Territory to promote, advertise and sell Content in the Territory on the Directory.

Appointment as Reseller. 1.1 Subject to the terms and conditions of this Agreement, iQmetrix hereby appoints Retailer and Retailer accepts its appointment as a non-exclusive reseller of Apple Products from iQmetrix. References to the “Dealer Agreement” in the Authorized Location Addendum mean this Agreement. Apple Products purchased using the iQmetrix Software are intended solely for resale to Retailer’s retail customers and Retailer shall have no right to re-sell any Apple Products other than to its retail customers. 1.2 As a reseller of Apple Products Retailer agrees to (i) promote Apple Products to its Customers; (ii) accept orders for Apple Products from its Customers. 1.3 Retailer’s rights to sell Apple Products shall at all times be conditional on the following: (i) Retailer selling Apple Products to its Customers and in no case to any party that intends to resell the Apple Product; (ii) Retailer executing the Authorized Location Addendum in the form attached hereto as Schedule 4; and (iii) Retailer complying with such other terms or conditions as Apple may require and of which iQmetrix shall advise Retailer, including but not limited to restrictions on the use of all Apple intellectual property. 1.4 iQmetrix shall have the right to change or modify the type of and specifications for Apple Products offered to Retailer pursuant to this Agreement if such Apple Product offerings are changed by Apple at any time. iQmetrix shall have the right to impose additional terms or conditions on the sale of Apple Products as may be required by Apple. iQmetrix shall provide Retailer with written notice of any such changes as soon as reasonably possible taking into account the length of notice of the changes provided to iQmetrix by Apple.

Appointment as Reseller. 1.1 Tropix hereby appoints Digene as its nonexclusive reseller for the sale, distribution and promotion of the Product, and Digene accepts such appointment, subject to the restrictions set forth in this Section 1. 1.2 Digene may only resell the Product (i) under Digene's label or a joint Digene/Digene distributor label and (ii) only as a component of products manufactured by Digene (and only Digene) which incorporate both the Product and Digene's proprietary Hybrid Capture system for use in human in vitro diagnostics or for pharmaceutical therapeutics research and development. In the event that during the term of this Agreement, Digene develops one or more products for the non-human diagnostic markets such as food and environmental testing, and can demonstrate to Tropix reasonable satisfaction that commencement of commercial sales is imminent, at Digene's request the parties will negotiate in good faith a Reseller Agreement for the Product for use in such Digene products for the non-human diagnostic markets. Tropix obligation in such event shall be limited to negotiating such a Reseller Agreement in good faith and nothing contained herein shall impose any obligation on Tropix with respect thereto other than to so negotiate in good faith. 1.3 Nothing contained in Section 1.2 shall be deemed to prohibit International Murex Technologies Corporation ("Murex") from marketing and selling products, manufactured b Digene, for the detection of infectious diseases, which utilize Digene's proprietary Hybrid Capture system for use in human in vitro diagnostics or for pharmaceutical therapeutics research and development and which incorporate Product. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH "*" AND BRACKETS AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Murex shall have no other rights to the Product (including, without limitation, the right to incorporate any Product into any Murex product) and in all other respects the restrictions set forth in Section 1.2 and 1.5 shall apply. 1.4 In the event Digene proposes to resell Product under the label of a third party but otherwise in accordance with Section 1.2 and 1.5, at Digene's request Tropix will negotiate in good faith a Reseller Agreement with such third party for the products to be sold under such third party's label. Tropix obligation in such event shall be limited to negotiating such a Reseller Agreement in go...

Appointment as Reseller. If approved by UCView Media, on the terms and subject to the conditions set forth herein, UCView appoints Reseller as an independent, non-exclusive authorized Reseller of the Products in the approved price list and geographic area identified in the reseller application hereto ("Market” and “Approved price structure"), and Reseller hereby accepts such appointment. Reseller may advertise, promote, and resell the Products to End User within the Market. For purposes of this Agreement, the term "End User" means a person or entity that desires to acquire the Products for its own use, rather than for resale or distribution. All rights not specifically granted by UCView hereunder are reserved by UCView Media.

Appointment as Reseller. Subject to the terms and conditions set forth herein including payment of the applicable fees, C-COM hereby appoints Reseller, on a non-exclusive non transferrable basis, as a reseller of C-COM Product, with the right to procure C-COM Product from C-COM and to market, promote, distribute and sell such C-COM Products. Reseller hereby accepts such appointment from C-COM. Reseller shall not resell C-COM Product to any other person or entity other than Customer. Specifically, resale or distribution of C-COM Product through distributors or retail chain stores is prohibited unless authorized by C-COM. Reseller shall not appoint agents, sub-resellers or sub-distributors or any other third party to market, promote, distribute or sell C-COM Products without the prior written consent of C-COM. Reseller shall not, without the express written approval of C-COM, which may or may not be granted, re- sell any C-COM Product in any countries other than its Home Country unless Reseller has a C-COM Approved Local Service Centre in such other country. For the purposes of this Agreement, a “C-COM Approved Local Service Centre” means a sales and support infrastructure physically located in an applicable country that has been adequately trained to perform C-COM Product installations and to provide ongoing C-COM Product support in the native language of the applicable country and which sales and support infrastructure has been approved and authorized in writing by C-COM, in its sole discretion. If Reseller re-sells any C-COM Product in a country that is not its Home Country and the Reseller does not have a C-COM Approved Local Service Centre in that other country, without the express written approval of C-COM, then any warranties in respect to such C-COM Product(s) shall be voided ab initio and C-COM shall have no warranty obligations whatsoever in respect to such C-COM Product(s) and Reseller shall advise the applicable Customer(s) that no warranties are available in respect to such C-COM Product(s). Furthermore, any re-sale of C-COM Products by Reseller in a country that is not its Home Country and the Reseller does not have a C-COM Approved Local Service Centre in that other country, without the express written approval of C-COM, shall constitute a material, un-curable breach of this Agreement by Reseller, and C-COM shall be entitled to terminate this Agreement immediately upon provision of written notice to Reseller.

Appointment as Reseller. 1.1 The Panda Project appoints Reseller as an Authorized Reseller for Archistrat Products worldwide, and Reseller agrees to become a Reseller for the Archistrat Products in such area, in accordance with the terms and subject to the conditions set forth herein. Reseller acknowledges and agrees that nothing in this Agreement shall prevent The Panda Project from engaging any other reseller for the Archistrat Products in the United States or in any other location. In addition, to the extent the Archistrat Products are sold under the terms of this Agreement with software products, The Panda Project shall grant to Reseller for delivery to the end user a limited, non-exclusive sublicense to use such software products. Reseller shall at all times comply with any authorization requirements mutually agreed to in writing and with all applicable federal, state and local laws and regulations applicable to the performance of the Reseller's services (the "Applicable Laws"). In addition to the above-referenced appointment, The Panda Project appoints Reseller as the sole and exclusive Authorized Reseller for the Archistrat Products identified hereinbelow (the "Exclusive Products") for and to all Siemens Affiliates worldwide; provided, that the parties acknowledge and agree that certain existing Panda resellers may from time to time offer and sell Archistrat Products to Siemens Affiliates. The Panda Project will notify Reseller of such sales as it becomes aware of them.

Appointment as Reseller. SWD hereby appoints GOA as a non-exclusive reseller of the Springboard Products for the purpose of resale to the general public in the United States. The aforementioned territory may be expanded upon mutual agreement of the parties.

Appointment as Reseller. AT&T Mobility hereby appoints DISH, on the terms and conditions set forth herein, to purchase Services from AT&T Mobility and to resell such Services to its End Users within the Covered Territories, [***]DISH hereby accepts such appointment and agrees to purchase and resell Services within the Covered Territories in order to market, sell and solicit orders for the Service (whether to DISH MVNO Subscribers, or indirectly with respect to any DISH MNO Subscriber that receives Inbound Roaming or [***]Roaming Services) in accordance with the terms and conditions set forth herein. DISH, at its option, may engage one or more Portal Vendors, data aggregators or other third party contractors to provide platforms, services, Content, connectivity or other data services, or otherwise to perform DISH’s obligations under, or interact with AT&T Mobility for purposes of, this Agreement (each a “Contractor”). If personnel or any systems of any Contractor will require access to the AT&T Systems, such Contractor will be a “Network Access Contractor.” Prior to granting any Contractor access to the AT&T Systems [***], or any part thereof, DISH will ensure that: (i) AT&T Mobility has approved DISH’s use of any Network Access Contractor or any Contractor [***], or any part thereof, in each case in writing, such approval not to be unreasonably conditioned, withheld or delayed; (ii) any Contractor who will have access to AT&T Mobility’s Confidential Information has executed a non-disclosure agreement that will protect any disclosure of AT&T Mobility’s Confidential Information to such contractor, and (iii) if applicable, the Contractor has executed a connectivity agreement or other appropriate agreement(s) satisfactory to AT&T Mobility. [***].

Appointment as Reseller. Company appoints Reseller, and Reseller agrees to act, as a non-exclusive independent distributor of the Software.