Common use of RESELLER'S OBLIGATIONS Clause in Contracts

RESELLER'S OBLIGATIONS. 8.1. In the context of the promotion of the Service The Reseller undertakes to: - Ensure sustained promotion of the Service and the services offered by SERVI-CLOUD DOMINICANA to any prospect and its End Customers, in accordance with the directives and the level of communication indicated by SERVI-CLOUD DOMINICANA and/or the Cloud Service Provider; - In particular, to send a regular electronic message promoting the Service to all of its End Customers and prospects on a regular basis, to mention and promote the Service on its own website and in its printed documen- tation, etc. In this respect, the Reseller undertakes, in particular, to scrupulously respect the provisions of Law No. 2004-575 of 21 June 2004 "for confidence in the digital economy" and the "Data Protection Act" of 2002, as well as any future law amending this legislation. - Use the promotional material (leaflets, explanations, user cases, etc.) transmitted by SERVI-CLOUD DO- MINICANA and/or the Cloud Services Provider and systematically recall the authorship of SERVI-CLOUD DO- MINICANA and/or the Cloud Services Provider on all promotional tools it may produce itself, which will be sub- mitted to SERVI-CLOUD DOMINICANA and/or the Cloud Services Provider prior to their distribution according to the terms of the Customer Contract. - Provide prospects and End Customers with any useful advice and information concerning the Service, to ensure that the Service is suited to the End Customer's needs, to advise them on the optimum conditions for accessing the Service (in particular the web connection and hardware and network configuration requirements); - Not to offer any functionality or options other than those presented in the promotional material submitted by SERVI-CLOUD DOMINICANA and/or the Cloud Service Provider. - Identify any specific needs of the End Customer that would require an adaptation of the Service within the framework of the Initialization and value the costs necessary for these adaptations as long as they fall within its scope of intervention. - Send to SERVI-CLOUD DOMINICANA any specific functional request from the End Customer so that SERVI-CLOUD DOMINICANA and/or the Cloud Services Provider can analyse the feasibility and indicate the conditions and limits to be passed on to the End Customer in the negotiation between the Reseller and the End Customer. - Check the solvency of the End Customer and the legal capacity of the End Customer's representative or their authority to sign the Customer Contract, and alert SERVI-CLOUD DOMINICANA without delay in the event of a risk of insolvency or unlawfulness detected in the prospect. 8.2. As part of the marketing of the Service The Reseller undertakes to: - Negotiate with prospects, within the limits of the features and functionalities of the Service, the prices recommended by the Cloud Services Provider, and any Specific Developments that SERVI-CLOUD DOMINI- CANA and/or the Cloud Services Provider has confirmed it can provide. - Not to offer any guarantee or commitment concerning the Service, even implicit, other than those expressly included in the Customer Contract, and not to offer any Initialization service beyond its scope as defined below or functional adaptations validated by SERVI-CLOUD DOMINICANA and/or the Cloud Services Provider. - Prepare the order form listing (i) all the Service options and Initialization services ordered by the End Customer, (ii) any agreed Specific Developments, and send it to the End Customer. - Have each End Customer sign the Customer Contract, as well as the corresponding order form. - Send the corresponding Order to SERVI-CLOUD DOMINICANA within forty-eight (48) hours of receipt of the End Customer's order form, ensuring this Order is fully compliant with the End Customer's order form, the Reseller being solely responsible for any discrepancies between the scope ordered by the End Customer and the scope referred to in the Order to SERVI-CLOUD DOMINICANA and/or to the Cloud Services Provider, the latter being required only to respond to the Order it receives. - Keep the Customer Contracts signed by the End Customers and the corresponding order forms, and to communicate a complete copy to SERVI-CLOUD DOMINICANA within fifteen (15) working days following the signature of the End Customer - Invoice the End Customer for the Initialization services according to the schedule agreed with them, (ii) for the Service Subscription according to the frequency agreed with them and (iii) ensure the prompt recovery of any late or unpaid amount. - Inform SERVI-CLOUD DOMINICANAimmediately of any difficulty encountered in the marketing of the Service or of any complaint or request from an End Customer, ensure customer relations, monitor the Service and receive any additional request from the End Customer. - And more generally perform all tasks and take all measures to ensure optimal marketing of the Service. 8.3. In the context of the Initialization of the Service The Reseller undertakes to: - Inform the End Customer of the functional or ergonomic adaptation services that SERVI-CLOUD XXXXX- ICANA and/or the Cloud Services Provider has confirmed it can implement, and the related prices and deadlines. - Carry out the services in question and provide the corresponding Specific Developments (graphics or documentation); - Carry out other Initialization services ordered by the End Customer, such as Service Settings, intercon- nection, and interfacing of the Service with the End Customer's information system, and/or load the End Custom- er's data or provide them with assistance for this purpose. - Have the End Customer accept the Initialization services, immediately remove the reservations falling within its scope of intervention and escalate without delay the Anomalies falling within the functional or ergonomic adaptation services to SERVI-CLOUD DOMINICANA and/or to the Cloud Services Provider. - Have the Final Acceptance Report signed by the End Customer after the Anomalies have been resolved and transfer a copy without delay to SERVI-CLOUD DOMINICANA and/or the Cloud Services Provider. - Create the access codes for the End Customer on the dedicated platform provided by SERVI-CLOUD DOMINICANA and send them to the administrator designated by the End Customer. 8.4. In the context of the Maintenance of the Service The Reseller undertakes to: - Take charge of all Anomaly reports from the End Customer, as part of a reporting procedure in accordance with the stipulations of the Customer Contract; - Remind the End Customer, if necessary, of the Maintenance requirements, procedures and exclusions contained in the Customer Contract and/or the contract between it and the Customer; - Perform the Support services for the use of the Service with the End Customer's administrator or employ- ees, and ensure the traceability of its Support interventions; (i) any functional Anomaly corrupting or hindering the performance of the Service's functionalities, and (ii) any technical Anomaly related to response times or the remote availability of the Service for the End Customer; - Indicate to the End Customer, if applicable, the estimated timeframes for the provision of the corrections as indicated by SERVI-CLOUD DOMINICANA and/or the Cloud Services Provider, excluding any firm commit- ment regarding the timeframes for restoring or correcting an Anomaly and excluding any penalty.

RESELLER'S OBLIGATIONS. 8.1. In the context of the promotion of the Service The Reseller undertakes to: - Ensure sustained promotion of the Service and the services offered by SERVI-CLOUD DOMINICANA MC3 to any prospect and its End Customers, in accordance with the directives and the level of communication indicated by SERVI-CLOUD DOMINICANA MC3 and/or the Cloud Service Provider; - In particular, to send a regular electronic message promoting the Service to all of its End Customers and prospects on a regular basis, to mention and promote the Service on its own website and in its printed documen- tation, etc. In this respect, the Reseller undertakes, in particular, to scrupulously respect the provisions of Law No. 2004-575 of 21 June 2004 "for confidence in the digital economy" and the "Data Protection Act" of 2002, as well as any future law amending this legislation. - Use the promotional material (leaflets, explanations, user cases, etc.) transmitted by SERVI-CLOUD DO- MINICANA MC3 and/or the Cloud Services Provider and systematically recall the authorship of SERVI-CLOUD DO- MINICANA MC3 and/or the Cloud Services Provider on all promotional pro- motional tools it may produce itself, which will be sub- mitted submitted to SERVI-CLOUD DOMINICANA MC3 and/or the Cloud Services Provider prior to their distribution according to the terms of the Customer Contract. - Provide prospects and End Customers with any useful advice and information concerning the Service, to ensure that the Service is suited to the End Customer's needs, to advise them on the optimum conditions for accessing the Service (in particular the web connection and hardware and network configuration requirements); - Not to offer any functionality or options other than those presented in the promotional material submitted by SERVI-CLOUD DOMINICANA MC3 and/or the Cloud Service Provider. - Identify any specific needs of the End Customer that would require an adaptation of the Service within the framework of the Initialization and value the costs necessary for these adaptations as long as they fall within its scope of intervention. - Send to SERVI-CLOUD DOMINICANA MC3 any specific functional request from the End Customer so that SERVI-CLOUD DOMINICANA MC3 and/or the Cloud Services Ser- vices Provider can analyse the feasibility and indicate the conditions and limits to be passed on to the End Customer Cus- tomer in the negotiation between the Reseller and the End Customer. - Check the solvency of the End Customer and the legal capacity of the End Customer's representative or their authority to sign the Customer Contract, and alert SERVI-CLOUD DOMINICANA MC3 without delay in the event of a risk of insolvency or unlawfulness detected in the prospect. 8.2. As part of the marketing of the Service The Reseller undertakes to: - Negotiate with prospects, within the limits of the features and functionalities of the Service, the prices recommended by the Cloud Services Provider, and any Specific Developments that SERVI-CLOUD DOMINI- CANA MC3 and/or the Cloud Services Ser- vices Provider has confirmed it can provide. - Not to offer any guarantee or commitment concerning the Service, even implicit, other than those expressly included in the Customer Contract, and not to offer any Initialization service beyond its scope as defined below or functional adaptations validated by SERVI-CLOUD DOMINICANA MC3 and/or the Cloud Services Provider. - Prepare the order form listing (i) all the Service options and Initialization services ordered by the End Customer, (ii) any agreed Specific Developments, and send it to the End Customer. - Have each End Customer sign the Customer Contract, as well as the corresponding order form. - Send the corresponding Order to SERVI-CLOUD DOMINICANA MC3 within forty-eight (48) hours of receipt of the End Customer's order form, ensuring this Order is fully compliant with the End Customer's order form, the Reseller being solely responsible respon- sible for any discrepancies between the scope ordered by the End Customer and the scope referred to in the Order to SERVI-CLOUD DOMINICANA MC3 and/or to the Cloud Services Provider, the latter being required only to respond to the Order it receives. - Keep the Customer Contracts signed by the End Customers and the corresponding order forms, and to communicate a complete copy to SERVI-CLOUD DOMINICANA MC3 within fifteen (15) working days following the signature of the End Customer - Invoice the End Customer for the Initialization services according to the schedule agreed with them, (ii) for the Service Subscription according to the frequency agreed with them and (iii) ensure the prompt recovery of any late or unpaid amount. - Inform SERVI-CLOUD DOMINICANAimmediately MC3immediately of any difficulty encountered in the marketing of the Service or of any complaint or request from an End Customer, ensure customer relations, monitor the Service and receive any additional request from the End Customer. - And more generally perform all tasks and take all measures to ensure optimal marketing of the Service. 8.3. In the context of the Initialization of the Service The Reseller undertakes to: - Inform the End Customer of the functional or ergonomic adaptation services that SERVI-CLOUD XXXXX- ICANA MC3 and/or the Cloud Services Provider has confirmed it can implement, and the related prices and deadlines. - Carry out the services in question and provide the corresponding Specific Developments (graphics or documentation); - Carry out other Initialization services ordered by the End Customer, such as Service Settings, intercon- nection, and interfacing of the Service with the End Customer's information system, and/or load the End Custom- er's data or provide them with assistance for this purpose. - Have the End Customer accept the Initialization services, immediately remove the reservations falling within its scope of intervention and escalate without delay the Anomalies falling within the functional or ergonomic adaptation services to SERVI-CLOUD DOMINICANA MC3 and/or to the Cloud Services Provider. - Have the Final Acceptance Report signed by the End Customer after the Anomalies have been resolved and transfer a copy without delay to SERVI-CLOUD DOMINICANA MC3 and/or the Cloud Services Provider. - Create the access codes for the End Customer on the dedicated platform provided by SERVI-CLOUD DOMINICANA MC3 and send them to the administrator designated by the End Customer. 8.4. In the context of the Maintenance of the Service The Reseller undertakes to: - Take charge of all Anomaly reports from the End Customer, as part of a reporting procedure in accordance with the stipulations of the Customer Contract; - Remind the End Customer, if necessary, of the Maintenance requirements, procedures and exclusions contained in the Customer Contract and/or the contract between it and the Customer; - Perform the Support services for the use of the Service with the End Customer's administrator or employ- ees, and ensure the traceability of its Support interventions;; - Immediately escalate Anomaly reports that require the intervention of MC3 and/or Cloud Service Provider, i. e. (i) any functional Anomaly corrupting or hindering the performance of the Service's functionalities, and (ii) any technical Anomaly related to response times or the remote availability of the Service for the End Customer; - Indicate to the End Customer, if applicable, the estimated timeframes for the provision of the corrections as indicated by SERVI-CLOUD DOMINICANA MC3 and/or the Cloud Services Provider, excluding any firm commit- ment commitment regarding the timeframes for restoring or correcting an Anomaly and excluding any penalty.