Appointment of Partner Sample Clauses

Appointment of Partner. ESET hereby appoints Partner as Channel Partner or MSP as applicable and categorized together with ESET representative, as its non-exclusive reseller/distributor in the Territory during the term of this Agreement, and Partner hereby accepts such appointment on the terms and conditions set forth herein. Partner agrees to use best efforts to market, promote and solicit orders for ESET's software products identified in Schedule C, E or F as applicable (Partner Program Description and Requirements, Additional Terms for OEM/System Builder License Purchase and Use) (collectively, and as the same may be updated from time to time by ESET, the "Software Product") directly to prospective end-users located in the Territory ("End Users"), and to actively market, promote and solicit Software Product subscription renewals from existing End Users located in the Territory. Partner is not authorized to solicit orders for the Software Product through other Partner intermediaries, unless designated by ESET, which is cause for termination of this Agreement, as set forth herein. For purposes of this Agreement, the “Software Product” means the existing version and any future versions, releases, updates, enhancements, modifications, or derivatives of the Software Product made available by ESET. Partner agrees to perform such services in a satisfactory manner and in compliance with all applicable laws and the terms and conditions of this Agreement. Partner shall also provide or arrange for certain technical support services with respect to the Software Product, as provided herein. If the Partner is both a Channel Partner and an MSP, the sale of a license shall only be included once in sales either as a resale of a license or sale of a service from MSP. In no instance shall one sale be counted towards both the Channel partner quarterly sales and MSP Partner monthly sales. Partner shall clearly distinguish in the Order to ESET whether such sale is a Channel Partner sale or MSP sale.
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Appointment of Partner. Company hereby appoints Partner as a non-exclusive, independent sales representative of the Company to solicit prospective end user purchasers of the services (the “Services”) identified in Exhibit 1 attached hereto and incorporated herein. Company may in its sole discretion directly market the Services to any other person.
Sample 1
Appointment of Partner. 2.1 Appointment. Sun appoints Partner as a nonexclusive "Authorized Software Enterprise Partner" and grants Partner the nonexclusive and nontransferable right to distribute Software to End Users in the Territory. Sun will segregate Software into product specialty categories and provide Partner with written notice of these categories. Certain Software, as identified in the Guide, may only be purchased from Sun Authorized Distributors. Partner will not advertise, sell, lease or ship Software outside the Territory without Sun's prior written consent. Partner may not open Software prior to delivery to End Users.
Sample 1
Appointment of Partner. 1. Xopero hereby grants to Partner, a limited, non-exclusive, non-transferable, right to sell and distribute Software and/or Services. 2. Partner shall introduce the Software and/or Services to its current and prospective Clients and shall comply with all laws applicable to the Partner (including applicable data protection laws) as well anti-spam laws and those that govern e-mail marketing rules. 3. Partner’s rights to distribute the Software and/or Services include the right to promote, advertise, market and resell (sublicense) to any third party Client and/or End-User. 4. Xopero reserves the right to promote, advertise, market, sell and distribute the Software and Services on a world-wide basis, either directly or indirectly through other Partners, dealers, OEMs, VARs, distributors or other third parties. 5. Xopero reserves the right to modify the Software and Services at any time.
Sample 1
Appointment of Partner. 2.1 By this Agreement Mailsphere appoints the Partner on a non-exclusive basis to promote the Services and solicit customers for the Services, and the Partner agrees to act in that capacity, subject to the terms of this Agreement. 2.2 The Parties acknowledge and confirm that the Services do not comprise any goods, and that in particular the supply of Services to any person by Mailsphere is affected by the grant of a licence to that person by Mailsphere or its licensor, which does not involve title to any goods transferring to such person. 2.3 Mailsphere may from time to time by written notice require the Partner not to, and if so required the Partner shall not, solicit orders for the Services from particular customers or prospective customers in the Territory for any reason in the absolute discretion of Mailsphere.
Sample 1
Appointment of Partner. 2.1. Subject to the Partner’s compliance with the terms and conditions of this Agreement, Lyceum hereby appoints Partner as a non-exclusive source for referrals of the Lyceum Product(s) and the Partner hereby accepts such appointment. The Partner shall have the opportunity, independently or in conjunction with Lyceum, to identify or recommend the Lyceum Product(s) to the Leads (as defined below) or in some other manner facilitate the sale of Lyceum Product(s) to the Leads.
Sample 1
Appointment of Partner. Subject to the terms of this Agreement, Xxxx hereby authorizes Partner to purchase and license Products and Services for resale to End Users located within the Territory. Partner may not resell Product or Services to another reseller, agent, broker or other intermediary in the chain of distribution, unless specifically granted the authority to do so by
Sample 1
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Appointment of Partner. 2.1 The Company hereby appoints the Partner whose details are listed on the face of this agreement as an approved Partner for the Company. The Partner is required to operate within the terms and conditions as set out in this agreement and in accordance with ICASA rulings. 2.2 The Partner will apply in writing to the Company for permission to distribute to sub-Partners 2.3 The Company will not approach the Partners client base nor sub-Partners unless the Partner has failed to support, service or deliver equipment 2.4 The Partner appointment is non-exclusive and the Company reserves the right to appoint additional Partners in its absolute and sole discretion.
Sample 1
Appointment of Partner 
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Related to Appointment of Partner

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Appointment of Investment Manager On the terms and subject to the conditions set forth herein, the Company hereby appoints the Investment Manager as investment manager of the Account with discretionary authority to manage the investment and reinvestment of the funds and assets of the Account in accordance with the terms hereof, and the Investment Manager accepts such appointment. In the course of providing the services contemplated by this Agreement, the Investment Manager shall act as a fiduciary and shall discharge its fiduciary duties and exercise each of its powers under this Agreement with the care, skill and diligence that a registered investment adviser, acting in a like capacity and familiar with insurance company matters, would use in the conduct of a like enterprise with like aims, taking into consideration the facts and circumstances then prevailing, and such fiduciary duties shall specifically include a duty (a) to act with good faith; (b) of loyalty to Company; (c) to provide full and fair disclosure of all material facts; (d) to employ reasonable care to avoid misleading Company; and (e) to act in a manner consistent with the Investment Guidelines for the Account as agreed to between Investment Manager and Company.

  • APPOINTMENT OF BANK 1. The Customer hereby constitutes and appoints the Bank as its agent to perform the services described herein and as more particularly described in Schedule I attached hereto (the "Services"), and the Bank hereby accepts appointment as such agent and agrees to perform the Services in accordance with the terms hereinafter set forth. 2. In connection with such appointment, the Customer shall deliver the following documents to the Bank: (a) A certified copy of the Certificate of Incorporation or other document evidencing the Customer's form of organization (the "Charter") and all amendments thereto; (b) A certified copy of the By-Laws of the Customer; (c) A certified copy of a resolution of the Board of Directors of the Customer appointing the Bank to perform the Services and authorizing the execution and delivery of this Agreement; (d) A Certificate signed by the Secretary of the Customer specifying: the number of authorized Shares, the number of such authorized Shares issued and currently outstanding, and the names and specimen signatures of all persons duly authorized by the Board of Directors of the Customer to execute any Certificate on behalf of the Customer, as such Certificate may be amended from time to time; (e) A Specimen Share certificate for each class of Shares in the form approved by the Board of Directors of the Customer, together with a Certificate signed by the Secretary of the Customer as to such approval and covenanting to supply a new such Certificate and specimen whenever such form shall change; (f) An opinion of counsel for the Customer, in a form satisfactory to the Bank, with respect to the validity of the authorized and outstanding Shares, the obtaining of all necessary governmental consents, whether such Shares are fully paid and non-assessable and the status of such Shares under the Securities Act of 1933, as amended, and any other applicable law or regulation (i.e., if subject to registration, that they have been registered and that the Registration Statement has become effective or, if exempt, the specific grounds therefor); (g) A list of the name, address, social security or taxpayer identification number of each Shareholder, number of Shares owned, certificate numbers, and whether any "stops" have been placed; and (h) An opinion of counsel for the Customer, in a form satisfactory to the Bank, with respect to the due authorization by the Customer and the validity and effectiveness of the use of facsimile signatures by the Bank in connection with the countersigning and registering of Share certificates of the Customer. 3. The Customer shall furnish the Bank with a sufficient supply of blank Share certificates and from time to time will renew such supply upon request of the Bank. Such blank Share certificates shall be properly signed, by facsimile or otherwise, by Officers of the Customer authorized by law or by the By-Laws to sign Share certificates, and, if required, shall bear the corporate seal or a facsimile thereof.

  • Appointment of Director The Company, subject to the requisite prior-approval of the Board of Directors, hereby: (a) appoints the Director to perform the Services for the benefit of the Company as hereinafter set forth; (b) appoints the Director to the Board of Directors of the Company; and (c) authorizes the Director to exercise such powers as provided under this Agreement. The Director accepts such appointment on the terms and conditions herein set forth.

  • Appointment of Co-Trustee (a) Notwithstanding any other provisions of this Indenture, at any time, for the purpose of meeting any legal requirement of any jurisdiction or otherwise, the Trustee shall have the power and may execute and deliver all instruments necessary to appoint one or more Persons to act as a co-trustee or co-trustees, or separate trustees, of all or any part of this Indenture, and to vest in such Person or Persons, in such capacity and for the benefit of the Holders, such powers, duties, obligations, rights and trusts as the Trustee may consider necessary or desirable. No co-trustee or separate trustee hereunder shall be required to meet the terms of eligibility as a successor trustee under Section 7.09 and no notice to the Holders of the appointment of any co-trustee or separate trustee shall be required. (b) Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions: (1) All rights, powers, duties and obligations conferred or imposed upon the Trustee shall be conferred or imposed upon and exercised or performed by the Trustee and such separate trustee or co-trustee jointly (it being understood that such separate trustee or co-trustee is not authorized to act separately without the Trustee joining in such act), except to the extent that under any law of any jurisdiction in which any particular act or acts are to be performed the Trustee shall be incompetent or unqualified to perform such act or acts, in which event such rights, powers, duties and obligations shall be exercised and performed singly by such separate trustee or co-trustee, but solely at the direction of the Trustee. (2) No trustee hereunder shall be personally liable by reason of any act or omission of any other trustee hereunder; and (3) The Trustee may at any time accept the resignation of or remove any separate trustee or co-trustee. (c) Any notice, request or other writing given to the Trustee shall be deemed to have been given to each of the then separate trustees and co-trustees, as effectively as if given to each of them. Every instrument appointing any separate trustee or co-trustee shall refer to this Indenture and the conditions of this Section 7.12. Each separate trustee and co-trustee, upon its acceptance of the trusts conferred, shall be vested with the estates or property specified in its instrument of appointment, either jointly with the Trustee or separately, as may be provided therein, subject to all the provisions of this Indenture, specifically including every provision of this Indenture relating to the conduct of, affecting the liability of, or affording protection or rights (including the rights to compensation, reimbursement and indemnification hereunder) to, the Trustee. Every such instrument shall be filed with the Trustee. (d) Any separate trustee or co-trustee may at any time constitute the Trustee its agent or attorney-in-fact with full power and authority, to the extent not prohibited by law, to do any lawful act under or in respect of this Indenture on its behalf and in its name. If any separate trustee or co-trustee shall die, become incapable of acting, resign or be removed, all of its estates, properties, rights, remedies, and trusts shall vest in and be exercised by the Trustee, to the extent permitted by law, without the appointment of a new or successor trustee.

  • Appointment of Sub-Advisor In accordance with and subject to the Management Agreement, the Manager hereby appoints the Sub-Advisor to perform the services described in Section 2 below for investment and reinvestment of the securities and other assets of the Series, subject to the control and direction of the Manager and the Fund's Board of Directors, for the period and on the terms hereinafter set forth. The Sub-Advisor accepts such appointment and agrees to furnish the services hereinafter set forth for the compensation herein provided. The Sub-Advisor shall for all purposes herein be deemed to be an independent contractor and shall, except as expressly provided or authorized, have no authority to act for or represent the Fund or the Manager in any way or otherwise be deemed an agent of the Fund or the Manager.

  • Appointment of Officers The Board shall appoint the officers of the Corporation, except such officers as may be appointed in accordance with the provisions of Section 5.3 of these bylaws.

  • APPOINTMENT OF SUB-ADVISER The Adviser hereby appoints the Sub-Adviser to act as sub-adviser to the Portfolio(s), subject to the supervision and oversight of the Adviser and the Trust Board, and in accordance with the terms and conditions of this Agreement. The Sub-Adviser will be an independent contractor and will have no authority to act for or represent the Adviser or the Trust in any way or otherwise be deemed an agent of the Adviser or the Trust, except as expressly authorized in this Agreement or another writing by the Adviser or the Trust and the Sub-Adviser.

  • Appointment of Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

  • Appointment of Advisor The Trust hereby employs the Advisor and the Advisor hereby accepts such employment, to render investment advice and related services with respect to the assets of the Fund for the period and on the terms set forth in this Agreement, subject to the supervision and direction of the Trust’s Board of Trustees (the “Board of Trustees”).

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