Common use of Resale of Products by Tech Data Clause in Contracts

Resale of Products by Tech Data. During the term of this Agreement, Tech Data may market, promote, distribute and resell Products to Customers of Tech Data, either directly or through its subsidiaries, in accordance with the following terms and conditions: (a) AT&T PARADYNE shall amend to Tech Data and each Customer of Tech Data the same warranties and indemnifications, with respect to Products purchased and resold hereunder as AT&T PARADYNE extends to its end-user Customers. The term of warranties and indemnities extended by AT&T PARADYNE to an End User shall commence upon delivery of the Product to the End User. (b) AT&T PARADYNE shall support the Product and any efforts to sell the Product by Tech Data, and provide sales literature, advertising materials and reasonable training and support in the sale and use of the Product to Tech Data's employees and Customers, if requested by Tech Data. AT&T PARADYNE also agrees to provide Tech Data telephone support representative at no charge during AT&T PARADYNE's normal business hours. AT&T PARADYNE agrees to provide Tech Data's customers telephone representatives at no charge, Monday through Friday 9:00 am to 8:00 pm EST. (c) AT&T PARADYNE shall provide [***] to Tech Data and the Customers of Tech Data, sales training, marketing support, advertising materials and technical training in connection with the resale of Products as are currently offered or that may be offered by AT&T PARADYNE. Tech Data reserves the right to [***]. (d) As reasonably necessary and upon mutual agreement, Tech Data will make its facilities available for, and will assist AT&T PARADYNE in providing, Product training and support. (e) Tech Data may advertise and promote the Product and/or AT&T PARADYNE in a commercially reasonable manner and may use AT&T PARADYNE's trademarks, service marks and trade names in connection therewith; provided that, Tech Data shall submit the advertisement or promotion to AT&T PARADYNE for review and approval prior to its initial release, which approval shall not be unreasonably withheld or delayed. Copies of any proposed publication containing any such mark, xxme or logo shall be submitted to AT&T PARADYNE for review and approval, and Tech Data shall make reasonable commercial efforts to obtain AT&T PARADYNE's approval at least thirty (30) days prior to publication. --------------------------- * Confidential Treatment Requested 6 (f) AT&T PARADYNE shall clearly mark xxxh unit package with the serial number, product description and machine readable bar code (employing ISBN or other industry standard bar code) approved in writing by Tech Data.

Resale of Products by Tech Data. During the term of this Agreement, Tech Data may market, promote, distribute and resell Products to Customers of Tech Data, either directly or through its subsidiaries, in accordance with the following terms and conditions: (a) AT&T PARADYNE shall amend to Tech Data and each Customer of Tech Data the same warranties and indemnifications, with respect to Products purchased and resold hereunder as AT&T PARADYNE extends to its end-user Customers. The term of warranties and indemnities extended by AT&T PARADYNE to an End User shall commence upon delivery of the Product to the End User. (b) AT&T PARADYNE shall support the Product and any efforts to sell the Product by Tech Data, and provide sales literature, advertising materials and reasonable training and support in the sale and use of the Product to Tech Data's employees and Customers, if requested by Tech Data. AT&T PARADYNE also agrees to provide Tech Data telephone support representative at no charge during AT&T PARADYNE's normal business hours. AT&T PARADYNE agrees to provide Tech Data's customers telephone representatives at no charge, Monday through Friday 9:00 am to 8:00 pm EST. (c) AT&T PARADYNE shall provide at [***] to Tech Data and the Customers of Tech Data, sales training, marketing support, advertising materials and technical training in connection with the resale of Products as are currently offered or that may be offered by AT&T PARADYNE. Tech Data reserves the right to [***]. (d) As reasonably necessary and upon mutual agreement, Tech Data will make its facilities available for, and will assist AT&T PARADYNE in providing, Product training and support. (e) Tech Data may advertise and promote the Product and/or AT&T PARADYNE in a commercially reasonable manner and may use AT&T PARADYNE's trademarks, service marks and trade names in connection therewith; provided that, Tech Data shall submit the advertisement or promotion to AT&T PARADYNE for review and approval prior to its initial release, which approval shall not be unreasonably withheld or delayed. Copies of any proposed publication containing any such mark, xxme or logo shall be submitted to AT&T PARADYNE for review and approval, and Tech Data shall make reasonable commercial efforts to obtain AT&T PARADYNE's approval at least thirty (30) days prior to publication. --------------------------- * Confidential Treatment Requested 6 (f) AT&T PARADYNE shall clearly mark xxxh unit package with the serial number, product description and machine readable bar code (employing ISBN or other industry standard bar code) approved in writing by Tech Data.