Common use of Partner Orders Clause in Contracts

Partner Orders. Pursuant to a separate agreement between Customer and an authorized Nexthink commercial reseller or distribution partner (“Nexthink Partner”) (including the applicable ordering document between Customer and such Nexthink Partner, the “Partner Agreement”), Customer may procure from such Nexthink Partner certain products or services to be delivered by Nexthink. In such event, this Agreement specifies the terms and conditions under which such products or services will be provided by Nexthink, apart from price, payment and other terms specified in such separate Partner Agreement. Notwithstanding anything to the contrary in this Agreement, if Customer acquires a subscription to the Service or obtains any Professional Services through a Nexthink Partner, then: (a) Customer shall pay the Nexthink Partner all applicable fees in accordance with the Partner Agreement; (b) the Partner Agreement is between Customer and the Nexthink Partner and is not binding on Nexthink, and any disputes related to the Partner Agreement shall be handled directly between Customer and the Nexthink Partner; and (c) any claims for refunds, credits or other monetary claims hereunder, shall be submitted by Customer to the Nexthink Partner. In the event of any conflict between this Agreement and a Partner Agreement, this Agreement shall govern as between Nexthink and Customer. For the avoidance of doubt, reference to amounts or fees paid by Customer or on behalf of Customer shall be those amounts actually paid by Nexthink Partner on behalf of Customer to Nexthink. Nexthink is not party to the pricing and payment provisions between Nexthink Partner and Customer.