Appointment; Territory. Subject to the terms and conditions hereof, Distributor agrees to purchase, and the Company agrees to sell, the Products, and the Company hereby appoints Distributor as a non-exclusive distributor of the products listed and described in Schedule A (Products) attached hereto and made a part hereof (the "Products") in the Territory and Distributor hereby accepts such appointment. Distributor's territory (the "Territory") shall be the United States of America. Distributor agrees that it shall be responsible for all expenses incurred in its performance hereunder, unless otherwise agreed to in writing by the Company. It is further agreed that Distributor shall have no authority to bind the Company to any contract or obligation or to transact any business in the Company's name or on behalf of the Company, in any manner. The parties intend that Distributor shall perform its services required hereunder as an independent contractor.
Appointment; Territory. A. The Agent is authorized by the Company to receive applications for insurance only from persons residing in a territory set forth herein where the Agent is properly licensed and appointed with the Company. This territory is not assigned to the Agent exclusively. The Company reserves the right to appoint other Agents, Producers and Managing General Agents within the same territory. Agent's territory shall include all states in the United States, including the District of Columbia, but excluding New York and Puerto Rico.
B. The Agent is also authorized to receive applications for insurance solicited by a properly licensed, appointed, and if deemed necessary by the Company, contracted subagent (hereinafter called a "Producer") who may be appointed and assigned to the Agent under this Agreement.
C. The Company in its sole discretion may change the territory or withdraw from the same upon giving the Agent thirty- one (31) days prior written notice.
Appointment; Territory. Subject to all the terms and conditions of this Agreement, Company hereby appoints Reseller for the term of this Agreement as a nonexclusive reseller of the “Products” listed above only within the “Territory” specified herein and for the “Market,” each as described above, and only in accordance with the “Channel Partner Program Guide” which is available at xxxx://xxx0.xxxxxxxxx.xxx/partner-program-guide. Reseller may market, promote and distribute Products only to end user customers (“End Users”) located and taking delivery within and for use within the Territory and Market, and only as packaged by Company with the documentation intact, provided that (i) Reseller may only distribute Products to Qualified Prospects as defined below, and (ii) such Qualified Prospect agrees to Company’s then-current End User purchase agreement as of the date of an order (the “Master Customer Agreement”), or, in the case of an evaluation of one or more of the Products such Qualified Prospect agrees to Company’s then current evaluation agreement (the “Evaluation Agreement”). Reseller may also evaluate and educate itself on the Products, provided that such Products are provided to Reseller at Corelight’s sole discretion and under the terms and conditions of the Corelight Evaluation Agreement. Company’s current Master Customer Agreement and Evaluation Agreement are available at xxxxx://xxxxxxxxx.xxx/legal/agreements, both of which may be updated by Company in its sole discretion and without notice.
Appointment; Territory. Supplier hereby appoints Distributor and Distributor hereby accepts the appointment, as the nonexclusive distributor for the Products within the following described territory: Americas (the “Territory”) and at all locations identified in Exhibit B. The terms and conditions of this Agreement shall automatically extend to any Affiliate of Distributor which may now exist or hereafter be formed or acquired by Distributor. Distributor may trade under this Agreement through its Affiliates or through a third party representative appointed by Distributor. For the purposes of this Agreement, “Affiliate” shall mean any person, partnership, joint venture, company, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries that directly or indirectly are controlled by, or are under common control with the Distributor.
Appointment; Territory. Xilinx hereby appoints Distributor and Distributor hereby accepts the appointment, as the non-exclusive distributor for the sale of Products in the Territory. It is the intention of the parties that the Affiliates of Distributor identified on Exhibit A shall be bound by the terms of this Agreement.
Appointment; Territory. Smart Denture hereby appoints Reseller to act as a non-exclusive reseller of the Products to End Users located in Territory during the Term in accordance with the terms and conditions of this Agreement. Nothing contained herein shall restrict Reseller from selling or reselling any other products or services, including products which may compete with the Products.
Appointment; Territory. (a) Seller hereby appoints Buyer as its sole and exclusive distributor worldwide for the sale and distribution of the Products in the Book Market.
Appointment; Territory. DTG hereby appoints Reseller, and Reseller hereby accepts the appointment, as the nonexclusive regional Reseller to sell and integrate Manufacturer’s Products within the following described territory: ___________________________________________________________________________________. Reseller shall not make any false or misleading representations to its customers or other parties regarding DTG or its Products. Reseller shall not make any representations, warranties, or guarantees to the specifications, features, or capabilities of the Products that are not consistent with DTG’s documentation accompanying the Products or approved marketing material describing the Products, including the limited warranty and disclaimers. This agreement shall not be construed as constituting DTG and Reseller as partner or joint ventures or to create any other form of legal association which would impose liability upon one party for the act or failure to act of the other. Nothing in this Agreement shall be construed to constitute Reseller as the employee or agent of DTG nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent company responsible only for its own actions.
Appointment; Territory. Section C.1. of the Agreement is amended to remove the state limitation for the Service Contract program and to expand the territory nationwide. Provided, however, that Dealer agrees to notify GE of new store openings outside of the current states of Illinois, Indiana, Kentucky, Ohio, Tennessee, Georgia and Alabama, North Carolina and South Carolina to enable GE to update the form of Service Contract for state compliance as necessary.
Appointment; Territory a. The Principal hereby authorizes and appoints the Distributor, and the Distributor accepts such authorization and appointment, as non-exclusive Distributor partner of the Principal’s Products for the Territory of ;
b. The Distributor will seek New Customers for the Principal’s products and sign an agreement with these New Customers in the name and on behalf of the Principal.
c. The Parties acknowledge that the Distributor does not enjoy any exclusivity whatsoever with respect to the sale of the Principal’s Products. The Principal remains fully entitled to sell the Principal’s Products themselves to (i) all new customers (each such customer being defined as a "Customer") who would contact Principal on their own initiative for the purchase of Principal’s Products, without such sales being taken into consideration for the calculation of the Distributor Commission Fee pursuant to this Agreement; and (ii) any new Customer who is not indicated in the Lead Registration Form as a potential track; (iii) any customer indicated in the Lead Registration Form but not accepted by the Principal as a Sales Qualified Lead.
d. The parties acknowledge that if the Partner wants to register a lead, it will need to be reviewed and accepted as a Sales Qualified Lead by the Principal before the Partner can seek any compensation with regards to this lead. The Principal will review and accept or reject the registered leads through a platform in which the Partner can submit these leads;
e. In the event either Party is in contact with one or more outlet(s) and wants to register this contact as a Sales Qualified Lead, while the other Party is at that moment already in contact with the Head Office, (i) the contact with the Head Office shall always take precedent as Sales Qualified Lead and (ii) shall therefore belong to the Party that maintains this contact;
f. This agreement does not intend to establish a relationship between the parties other than as described in this agreement, nor can and may the contractual positions of the Parties with regard to each other, with regard to the Product or Service and with regard to the customer, be different than as set out in this agreement. This agreement is not qualified as a commercial agent agreement so that, among other things, Art 11 and Art 19 of the commercial agency law does not apply or can be invoked in the event of possible termination of this agreement.
