Obligations of the Reseller. (1) The Reseller shall be responsible for providing customer service, billing support, and technical support to their Sub-Resellers, Lower Tier Sub-Resellers & Customers.
(2) The Reseller acknowledges that in the event of any dispute and/or discrepancy concerning any data element of an Order, Sub-Reseller, Lower Tier Sub-Reseller or Customer in the OrderBox Database, the data element in the OrderBox Database records shall prevail.
(3) The Reseller acknowledges that all information of the Customer in the OrderBox, including authentication information is accessible to Parent and its Service Providers
(4) The Reseller will not make any changes to any information or configuration of an Order without explicit authorization from the customer of that Order
(5) The Reseller shall comply with all other terms or conditions established by Parent and/or its Service Providers from time to time.
(6) Reseller acknowledges that Parent Products may be obtained through Service Providers, and as such, changes in structure, or contracts may occur, and as a result services may be adversely affected. Reseller acknowledges and agrees that Parent shall not have any liability associated with any such occasion.
(7) The Reseller agrees that Parent Products under this agreement may be made available to Customers, Sub-Resellers and Lower Tier Sub-Resellers only after they enter into a legally binding agreement which is no less protective of Parent than this Agreement and which contains the requirements contained herein applicable to the Reseller. The Reseller acknowledges and agrees that the Reseller will be responsible for ensuring Customers', Sub-Resellers' and Lower Tier Sub-Resellers' compliance with such applicable terms and conditions and shall be responsible for any liability resulting from Customers', Sub- Resellers' and Lower Tier Sub-Resellers' noncompliance with such terms and conditions.
(8) The Reseller agrees to provide, maintain and update, current, complete and accurate information for all the data elements about the Reseller in the OrderBox Database.
(9) During the term of this Agreement and for three years thereafter, Reseller (himself/herself/itself or by its Agent / Authorised Representative) shall maintain the following records relating to its dealings with Parent, Sub-Resellers, Customers, Prospective Customers and/or their Agents or Authorized Representatives:-
(1) In electronic, paper or microfilm form, all written communications with respect to Parent Products...
Obligations of the Reseller. 12.01 The Reseller shall at all times use its commercially reasonable efforts to sell, distribute, market and/or lease the Product to all potential customers.
12.02 The Reseller hereby agrees to provide to the Company its estimated sales projection for the current twelve
Obligations of the Reseller. Under the Agreement, the Reseller specifically agrees to attract new business to voipGATE by promoting the Service and other voipGATE’ products and their use to its Customers in any reasonable way possible. The Reseller also agrees to use voipGATE as its sole provider of VoIP-type services as well as to promote the Service to its Customers excluding any other similar service. Such exclusivity shall last for the whole duration of the Agreement and twelve (12) months following its termination. In signing this Agreement, the Reseller also agrees to be bound by voipGATE’s ‘Terms and Condition of Use’ as referenced in Exhibit 2 of the Agreement (“the Terms”) and to include the exact same terms in any agreement related to the Service with its Customers. The Reseller therefore warrants that its Customers know, acknowledge and will continuously abide by the Terms. The Reseller may substitute his name or trading name in such agreements, as long as the responsibilities are clearly maintained by the Reseller on behalf of voipGATE. The Reseller also commits to fulfilling all its financial obligations vis-à-vis voipGATE including but not limited to the one outlined in Exhibit 3 of this Agreement. The Reseller understands that the title of this Clause shall not be perceived as limiting its obligations vis-à-vis voipGATE to the ones above and agrees other relevant obligations maybe contained elsewhere in this Agreement and specifically the ones included in Article “Invoicing & Payments” of this Agreement.
Obligations of the Reseller. 4.1. At all times during this Agreement the Client undertakes to:
4.1.1. route Indirect Access, CPS and Wholesale Call Traffic for its Users via a Carrier Network as notified to the Client with effect from the date of this Agreement;
4.1.2. use the Services (and procure that all Users use the Services) in accordance with:
4.1.2.1. such instructions and conditions as may be notified in writing to the Client by ICUK from time to time;
4.1.2.2. the relevant provisions of the Act and any authorisation granted pursuant to the;
4.1.2.3. General Condition 22; and
4.1.2.4. any direction of the Director General of Telecommunications, Ofcom or other competent authority which applies to the provision of communications services by the; and
4.1.2.5. any Acceptable Use Policy currently posted on ICUK’s website or otherwise notified to the Client,
4.1.3. not use (and shall procure that the Users shall not use) the Services:
4.1.3.1. for the transmission of material which is offensive abusive, indecent, obscene or menacing or which does or is intended to cause annoyance, inconvenience or worry, or which is fraudulent or defamatory or which (in the reasonable opinion of ICUK brings the name of ICUK into disrepute; or
4.1.3.2. in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including, without limitation, rights of copyright and confidentiality);
4.1.4. not (and shall procure that the Users shall not) connect or cause or suffer any equipment to be connected to any apparatus providing the Services other than equipment approved for connection under the Act and ICUK shall not be under any obligation to connect or keep connected any equipment if it is not so approved or if, in the opinion of ICUK, it is liable to cause death, personal injury, damage to or to impair the quality of the Services or a Carrier Network;
4.1.5. pay each monthly invoice submitted by ICUK (and any other monies it may owe to ICUK from time to time pursuant to this Agreement) promptly when due;
4.1.6. provide ICUK with User contact details in respect of all Users to include name and business address in the event a fault is reported;
4.1.7. be liable for the cost (in the case of ‘line only’ contracts) of all Calls passed over the line at the rate in the ICUK’s then Standard Rate Card;
4.1.8. be liable for the cost (in the case of ‘line only’ contracts) of fault management, BT call out and any network charges;
4.1.9. be liable for the cost of any mis-se...
Obligations of the Reseller. Under the Agreement, the Reseller specifically agrees to attract new business to voipGATE by promoting the Service and other voipGATE’ products and their use to its Customers in any reasonable way possible. The Reseller also agrees to use voipGATE as its sole provider of VoIP-type services as well as to promote the Service to its Customers excluding any other similar service. Such exclusivity shall last for the whole duration of the Agreement and twelve (12) months following its termination. In signing this Agreement, the Reseller also agrees to be bound by voipGATE’s ‘Terms and Condition of Use’ as referenced in Exhibit 2 of the Agreement (“the Terms”) and to include the exact same terms in any agreement related to the Service with its Customers. The Reseller therefore warrants that its Customers know, acknowledge and will continuously abide by the Terms. The Reseller also commits to fulfilling all its financial obligations vis-à-vis voipGATE including but not limited to the one outlined in Exhibit 3 of this Agreement. The Reseller understands that the title of this Clause shall not be perceived as limiting its obligations vis-à-vis voipGATE to the ones above and agrees other relevant obligations maybe contained elsewhere in this Agreement.
Obligations of the Reseller. 5.1 The Reseller shall market, promote and Resell the TELUS Service to End Users throughout the Provinces of Alberta and British Columbia, at its own expense and using its own efforts. The Reseller shall maintain such marketing and customer service standards that are appropriate in order to maintain a high quality TELUS Service and reputation, shall provide customers and End Users with prompt, courteous, and efficient service, shall take every reasonable precaution not to disclose any customer or End User information, other than as permitted by Reseller's privacy policy, as amended from time to time, or any applicable privacy legislation, and shall deal with customers and End Users honestly and fairly. Neither party shall by way of statement, act or omission, discredit or reflect adversely upon the reputation of or the quality of the other party or the products or services provided by such other party.
5.2 The Reseller shall not:
(a) market, promote, supply or resell the TELUS Service in connection with any products or services other than the MRM Products and Service;
(b) market, promote or sell the MRM Products and Service as a service provided by TELUS;
(c) brand or associate the MRM Products and Service with any TELUS trademarks or trade names (or those of any of TELUS's related or affiliated corporations) without the express prior written consent of TELUS;
(d) represent or state in any way, in any advertising or promotional materials or otherwise, that the MRM Products and Services or any other services provided by the Reseller are provided by way of agreement or arrangement with, or with the facilities or equipment of, TELUS without the express prior written consent of TELUS.
5.3 Without limiting any of the foregoing, this Agreement does not grant to the Reseller any interest in or any right to use any trademark or trade name owned or used by TELUS or relating to the TELUS Service, and the Reseller shall not represent in any way that it has any such interests or rights. The Reseller may only use TELUS trademarks or trade names, in such manner and for such purpose as TELUS may specify and approve from time to time, and the Reseller shall execute any license agreements required by TELUS relating to the use of TELUS trademarks or trade names.
Obligations of the Reseller. The Reseller must:
8.1. not display the ICANN or ICANN-Accredited Registrar logo, or otherwise represent itself as accredited by ICANN; nor may the Reseller display the Registry’s logo or represent itself to be accredited by the Registry unless is has written permission from ICANN or the Registry as the case may be to do so.
8.2. ensure that any registration agreement used by the Reseller includes all registration agreement provisions and notices required by the relevant Registrar Accreditation Agreements and any ICANN Consensus Policies, as all as relevant Registry Policies, and must identify the Registrar as the sponsoring registrar or provide a means for identifying the Registrar as the sponsoring registrar, such as a link to the InterNIC Whois lookup service.
8.3. identify the Registrar as the sponsoring registrar upon inquiry from the Registrant.
8.4. comply with any ICANN Policy that establishes a program for accreditation of individuals or entities who provide proxy and privacy registration services (a “Proxy Accreditation Program”). Among other features, the Proxy Accreditation Program may require that:
8.4.1. proxy and privacy registration services may only be provided in respect of domain name registrations by individuals or entities accredited by ICANN pursuant to such Proxy Accreditation Program; and
8.4.2. the Registrar prohibits Resellers from knowingly accepting registrations from any provider of proxy and privacy registration services that are not accredited by ICANN pursuant the Proxy Accreditation Program, 8.4.3. until such time as the Proxy Accreditation Program is established, the Reseller must comply with the “Specification on Privacy and Proxy Registrations” attached to the ICANN Registrar Accreditation Agreement.
8.5. provide its Registrants with a link to the ICANN webpage detailing registrant educational information described in clause 3.16 of the ICANN Registrar Accreditation Agreement. The URL of the webpage is xxxx://xxx.xxxxx.xxx/en/resources/registrars/registrant- rights/educational as of the Signature Date.
8.6. publish on its website or provide a link to the “Registrants Benefits and Responsibilities Specification” attached to the ICANN Registrar Accreditation Agreement, and must not take any action inconsistent with the corresponding provisions of the ICANN Registrar Accreditation Agreement.
8.7. comply with all existing and future ICANN Policies and Registry Policies as amended from time to time as if they were incorporate...
Obligations of the Reseller. 4.1. The amounts due by the Reseller for the Services will always be paid to the Supplier in full and in a timely manner and with due observance of the terms and conditions for payment as provided for in these Reseller Terms and Conditions.
4.2. The Reseller undertakes to promote, demonstrate, sell and support the Services in the best possible way. The Reseller will refrain from any action which damages or with any probability could damage the goodwill acquired by the Supplier and/or the scope of protection of the Intellectual Property Rights of the Supplier.
4.3. The Reseller will present itself under its own name and for its own account and risk when promoting, demonstrating, selling and supporting the Services. The Reseller may not represent itself as part, agent, or employee of the Supplier. The Reseller is only permitted to communicate in relation to End Users and third parties that it is a reseller of the Supplier with respect to the Services and what the legal scope of this relationship is.
4.4. The Reseller is not permitted to replace the logos, brand names, or other Intellectual Property Rights of the Supplier by its own logos, brand names or other Intellectual Property Rights.
4.5. The Reseller will always strictly observe its obligations toward its End Users as defined in the Conditions of Use.
4.6. The Reseller will offer its End Users a reasonable level of support for the use of the Services. The Supplier may, in consultation with the Reseller, formulate further guidelines for the interpretation of this level of support, which the Reseller will conform to.
4.7. In all cases of a malfunction reported to the Reseller which relates to a Service of the Supplier, the Reseller must immediately notify the Supplier and comply with each step the Supplier considers necessary to solve those problems.
4.8. The Reseller undertakes to provide (potential) End Users with honest and sincere advice on the Services. The Reseller should refrain from making claims regarding the Services which could be considered as misleading or difficult to prove.
4.9. The Reseller will, in the implementation of the Reseller Agreement, only deploy suitably qualified staff and shall ensure that each person acting under the authority of the Reseller has been sufficiently familiarised with the Services, the technological developments and competitive products and services in the market, in order to be able to correctly fulfil the Reseller Agreement.
4.10. The Reseller will ensure tha...
Obligations of the Reseller. During the Term, the Reseller hereby warrants that it shall –
5.1. comply with and adhere to any and all reporting requirements and obligations stipulated in the Agreement and in clause 7 below;
5.2. ensure that each End User executes an End User License Agreement;
5.3. prior to the sale of any Software, submit to the Licensor a completed Order Form for written approval by the Licensor;
5.4. procure approval from the Licensor in respect of all marketing (including collateral), sales and promotional initiatives and opportunities relating to the Solution and keep the Licensor informed as to the status and outcome of all such activities;
5.5. comply strictly with the Master Licensor’s Terms and Conditions as if it were a partner of the Master Licensor;
5.6. be, and remain, compliant with any and all applicable and/or relevant legislative or regulatory requirements and/or rulings or codes of practice of any competent authority or industry body that has jurisdiction over the provision of the Solution;
5.7. maintain a good relationship with each End User with a view to understanding (i) the product, solution and/or service requirements of that End User; (ii) any shortfalls and/or problems such End User may experience when using the Solution or the Services; (iii) any risks or threats that may damage or alter the relationship with each End User (including competitive products); (iv) any recommendations, opinions or views expressed by an End User which relate to the Solution; or (v) any disputes with an End User, any End User dissatisfaction, complaints from an End User relating to the Solution; and
5.8. not doing anything which brings the reputation of the Licensor into disrepute or which may damage the reputation of the Licensor, including, but not limited to, misuse of the Licensor brand, logo and trademarks.
Obligations of the Reseller
