Questionmark Reseller Terms Sample Clauses

Questionmark Reseller Terms. Notwithstanding the definition of “Order” in Section 1, if Customer obtains a license to use the Services from a Questionmark reseller, the definition of “Order” refers to the order between Questionmark and such reseller. Questionmark is obligated to provide the Services only in conformity with such Order, including with regard to the Term and Service Configuration, regardless of whether the order or other documentation between Customer and such reseller provides otherwise. Customer’s sole recourse and remedy for any loss, damage, expense or other liability caused by such discrepancy is against such reseller.
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Questionmark Reseller Terms. If Customer obtains a license to use the Services from a Questionmark reseller, the terms of this Section 4 contemplating payment directly from Customer to Questionmark are superseded by Customer’s payment arrangement with such reseller and payment to Questionmark will be made by such reseller. If such reseller fails to make timely payment to Questionmark, Questionmark is entitled to all remedies in this Agreement, including termination or suspension of the Services as if payment had been due directly from Customer. If Customer has made payment to the reseller, Customer’s sole recourse and remedy is against such reseller.
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Questionmark Reseller Terms. Notwithstanding the definition of “Order” set forth in Section 1, if Customer has obtained a license to use the OnDemand Service from a Questionmark reseller, the definition of “Order” refers to the order between Questionmark and such reseller. Questionmark shall be obligated to provide the Services only in conformity with such Order, including with regard to the Term and the Service Configuration, regardless of whether the order or other documentation between Customer and such reseller provides different terms. Customer’s sole recourse and remedy for any loss, damage, expense or other liability caused by such discrepancy shall be against such reseller.
Sample 1
Questionmark Reseller Terms. If Customer has obtained a license to use the Services from a Questionmark reseller, the terms of this Section 4 that contemplate payment directly from Customer to Questionmark are superseded by Customer’s payment arrangement with such reseller and payment to Questionmark shall be made by such reseller. Notwithstanding the prior sentence, if such reseller fails to make timely payment of fees to Questionmark, Questionmark shall be entitled to all remedies available herein with regard to the termination of this Agreement and/or termination or suspension of the OnDemand Service as if such payment had been due directly from Customer and, in the event that Customer has made payment to such reseller, Customer’s sole recourse and remedy shall be against such reseller.
Sample 1

Related to Questionmark Reseller Terms

  • SUPPLIER TERMS Any additional terms that Supplier includes in an order form or similar document will be of no force and effect, unless UC expressly agrees in writing to such terms.

  • Customers and Suppliers (a) Section 3.15(a) of the Disclosure Schedules sets forth (i) each customer who has paid aggregate consideration to the Company for goods or services rendered in an amount greater than or equal to $25,000 for each of the two most recent fiscal years (collectively, the “Material Customers”); and (ii) the amount of consideration paid by each Material Customer during such periods. The Company has not received any notice, and has no reason to believe, that any of its Material Customers has ceased, or intends to cease after the Closing, to use its goods or services or to otherwise terminate or materially reduce its relationship with the Company.

  • Purchase Order Flip via Ariba Network (AN) The online process allows suppliers to submit invoices via the AN for catalog and non- catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply “flipping” the purchase order into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within the system the Contractor’s trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract.

  • Vendor’s Specific Warranties, Terms, and License Agreements Because TIPS serves public entities and non-profits throughout the nation all of which are subject to specific laws and policies of their jurisdiction, as a matter of standard practice, TIPS does not typically accept a Vendor’s specific “Sale Terms” (warranties, license agreements, master agreements, terms and conditions, etc.) on behalf of all TIPS Members. TIPS may permit Vendor to attach those to this Agreement to display to interested customers what terms may apply to their Supplemental Agreement with Vendor (if submitted by Vendor for that purpose). However, unless this term of the Agreement is negotiated and modified to state otherwise, those specific Sale Terms are not accepted by TIPS on behalf of all TIPS Members and each Member may choose whether to accept, negotiate, or reject those specific Sale Terms, which must be reflected in a separate agreement between Vendor and the Member in order to be effective.

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